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Duty of care: Difference between revisions
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The implied duty one has to one’s neighbours, those to whom [[Donoghue v Stevenson - Case Note|one’s customers give ginger-beer you have sold them]], and those whose [[Rylands v Fletcher - Case Note|adjoining mineshafts are prone to flood should your reservoir leak]]. | {{g}}The implied duty one has to one’s neighbours, those to whom [[Donoghue v Stevenson - Case Note|one’s customers give ginger-beer you have sold them]], and those whose [[Rylands v Fletcher - Case Note|adjoining mineshafts are prone to flood should your reservoir leak]]. | ||
The duty of care grew out of the [[common law]] of {{t|negligence}} — principles of law governing relations between those who are not bound by {{t|contract}} — that is to say, randoms — and therefore who do not have any agreed obligations to each other. The law, articulated by Lord Atkin in {{casenote|Donogue|Stevenson}} is that one does have a basic [[duty of care]] to one’s [[neighbour]] to observe the standard of conduct one might expect of the [[reasonable person]] — at the time of course expressed as the reasonable man, leading the great A. P. Herbert to muse whether, at law there was such a thing as a [[reasonable woman]]. | |||
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