Tort law notes - FLK 1

Tort law

,Negligence: Duty of
care

,Introduction
• ‘A breach of a legal duty of care owed to a C that results in harm to the C, undesired by the D.’
• We ask the following questions:
i. Did the D owe the C a duty of care?
ii. Did the D breach this D of care?
iii. Did this breach cause damage to the C?

, Duty of care
• These duties can only be relied upon by a C when they have suffered physical damage – either per
injury or damage to property. They cannot be relied upon where the damage suffered is classed as
economic loss or pure psychiatric harm.  also applies to novel situations
• Duty of care examples:
- one road user to another: this would include driver to other drivers; driver to passenger; driv
pedestrian; cyclist to driver; cyclist to pedestrian
- doctor to patient
- employer to employee
- manufacturer to consumer
- tutor to tutee, teacher to pupil
- A rescuer where it is reasonably foreseeable that someone may attempt a rescue
• May not be duty of care examples:
- a negligent police investigation
- a careless omission to act by a local authority;
- a negligent statement by a journalist causing economic loss;
- psychiatric injuries caused by a major train crash.