28. General duty of care and recognition of situations in which a duty of care arises.

Before there can be any question of liability to the claimant in question, the defendant must owe a duty of care in relation to the general class within which the claimant and the type of damage that has arisen fall1. In principle there is no limit to the types of situation in which a duty of care may arise2. When considering whether a notional duty of care applies in a situation in which it has not previously been applied, the courts will apply a test for determining a notional duty of care and will consider criteria of foreseeability and

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