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Duty of Care.
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| Submitted: Mon Jun 19 2006
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DUTY OF CARE In order to establish negligence, the following had to be proved - 1. There was a duty owed to the claimant. 2. The duty was breached. 3. The claimant suffered damages as a result. The 'Neighbor' principle enunciated by Lord Atkins in Donoghue v Stevenson (1932) indicated to whom duty is owed and laid the principle for the modern tort of negligence. He said: 'The rule of law that you are to love your neighbor becomes in law, you must not injure your neighbor; and the lawyer's question, who is my neighbor? Receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be like to injure your neighbor. The answers seems to be - persons who are so closely and directly affected by my act that I ought to reasonably to have them in contemplation as being so affected when I am...
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