Duty of care definition

What does Duty of care mean?

A duty of care refers to the circumstances and relationships giving rise to an obligation upon a defendant to take proper care to avoid causing some form of foreseeable harm to the claimant in all the circumstances of the case in question.

Once a claimant has established the necessary duty of care owed by the defendant, determined pursuant to various legal tests and depending on the nature of the case, and proven loss or injury that was foreseeable and which stemmed from a failure to take appropriate care in the particular circumstances of the case, the defendant could be liable to pay damages to a party who was injured or who suffered loss as a result of that breach of duty.

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Duty of care is referenced 1 in Encyclopaedia of Forms and Precedents

Duty of care is referenced 3 in Halsbury's Laws of England

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