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Tort Law

Tort Law (7th edn)

Kirsty Horsey and Erika Rackley
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date: 03 October 2023

p. 583. Duty of care: basic principleslocked

p. 583. Duty of care: basic principleslocked

  • Kirsty Horsey
  •  and Erika Rackley


This chapter begins by tracing the development of the duty of care starting with the case of Donoghue v Stevenson [1932]. It goes on to consider the various general tests developed and used by the courts in order to establish when a duty of care is owed. Finally, the chapter discusses the ‘incremental and by analogy’ and so-called Caparo three-stage ‘test’ established by the House of Lords in Caparo Industries v Dickman [1990] and recently reconsidered by the UK Supreme Court in Robinson v Chief Constable of West Yorkshire Police [2018].

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