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The area of tort law regarding 'a duty of care' in negligence has been a matter of much controversy for some time, the present law does not contain a great deal of clarity and definition in regard to a general principle of who can claim and who cannot.
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| Submitted: Tue Feb 10 2004
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"Duty of care is one of the ways in which risks can be allocated in society... This will have both social and economic implications, and hence the technical criteria of duty... should not be taken too literally. They are merely mechanical devices for performing and expressing something deeper, that is a decision or an understanding about how risks should be allocated." Kidner, casebook on Torts, 7th Ed. P 49 The area of tort law regarding 'a duty of care' in negligence has been a matter of much controversy for some time, the present law does not contain a great deal of clarity and definition in regard to a general principle of who can claim and who cannot. The reasons for this are also highly debatable, however much focus has been directed towards the courts use of public policy considerations as a major cause to why such limitations occur, and as one...
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