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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 292. Duty of care I: foundational principleslocked

p. 292. Duty of care I: foundational principleslocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the foundational principles of the duty of care in tort law. It explains that the duty of care framework comprises three stages—those of: the reasonable foreseeability of injury to a class of persons which includes the claimant; a sufficient relationship of proximity between the claimant and the defendant; and inquiry into whether it would be fair, just, and reasonable to recognise a duty (otherwise known as the policy limb). It discusses the precedent set by Caparo Industries v Dickman and modern approaches to the duty of care (especially that represented by the case of Robinson v Chief Constable).

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