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How far has the test for duty of care in negligence provided in Caparo Industries plc v Dickman [1990] been affected by the case of Osman v U.K. [1998]?
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How far has the test for duty of care in negligence provided in Caparo Industries plc v Dickman [1990] been affected by the case of Osman v U.K. [1998]? The tort of negligence is one of the areas of law where the conflict between public policy and the need for justice is most evident. There are three factors involved in establishing negligence. These are: a duty of care, a breach of that duty and consequent damage1. Duty of care is the legal obligation to take reasonable cares to avoid causing damage 2. The concept of a duty of care in negligence arose in the case of Donoghue v Stevenson3. Lord Atkin in his speech formulated the 'neighbour principle'4. Since that time the tort of negligence has changed immensely and the role of policy has become very important in identifying when a duty of care is owed5. The House...
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