Wednesday, April 3, 2013

who owes a duty of care?



It is difficult to imagine how many times the questions ‘to whom is a duty of care owed?’ and ‘who owes a duty of care?’ have been asked over the years.  In relation to the establishment of a duty of care, Pentony, Graw, Parker and Whitford (2013, p.712) make the following observation:

“Therefore, the question is, ‘to whom is the duty of care owed?’  Unfortunately, there is no clear answer (and a significant amount of dicta to the effect that finding a single test may not be possible), but the High Court’s broad approach seems to involve the following steps:” [the authors then list the four steps at pp.712-713, and discuss in detail thereafter; students are referred to these passages in the text].

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