"A duty of care arises not merely when damage is reasonably foreseeable, but when it is just and reasonable to impose liability" Critically discuss.
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- 3509
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- Tue Jun 02 2009
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... INTRODUCTION As seen occurring for the past decade, the doctrine of duty of care occupies principles that are disproportionate to the importance in tort cases which comes to court. Therefore, where decisions have been appealed and overruled this would affect the whole structure of development of negligence law. Every potential new duty of care allowed has the effect of increasing the numbers of tort cases being brought in the future. This proves that tort plays an important role in society. As a result of such circumstances, the courts are faced with considerable problems having to decide between doing justice in individual cases or prevent a vast increase in the number of future cases, which are policy reasons1. Therefore, to discover whether duty of care arises when it is reasonably foreseeable, or whether other policy reason would be taken into account to impose such duty, it is necessary to view














