Topic > Legal Systems: Duty of Care and Negligence - 1191

Legal systems are critical to the functioning of any given society. In particular, it is critical to address issues of duty and liability, especially when one party causes harm or injury to another. In this regard, the concept of duty of care and its connection with negligence plays a key role in society. Civil liability law provides for legal proceedings following negligent acts which entail a duty of care. Liability underlying negligence, however, is limited because the duty of care must be justified in the courts. Negligent acts could result in many different forms of damage or injury. Under common law, negligent acts could result in physical injury, psychological harm, or economic loss. These results equate to a certain level of responsibility of the defendant towards the claimant. To hold the defendant liable for negligence, however, the plaintiff must meet the threshold established by the court regarding the justification of the duty of care. Failure to demonstrate due diligence subsequently results in the case failing. Duty of care is a legal obligation that is heavily influenced by the relationship between the defendant and the claimant. In other words, both parties must present a specific and acceptable form of relationship under the relevant legal provisions. The relationship between the defendant and the plaintiff forms the basis of the aforementioned legal obligation. The legal provisions regarding negligence in tort law consider the duty of care as the first and critical element that highlights negligence. While there are two other elements to this, duty of care is the primary basis for prosecuting negligence cases. In this regard, the concept of duty of care is central to the activities and operations of any court dealing with...... middle of paper ......the occurrence of any loophole in the process of justifying negligence has a critical impact on the case. In particular, the areas that allow courts to limit liability in cases of negligence fall within established legal provisions relating to duty of care. Books Dickson B, Human Rights and the United Kingdom Supreme Court (Oxford University Press, Oxford 2013) Harpwood V, Modern Tort Law (Taylor & Francis, London 2008) Steele J, Tort Law: text, cases and materials (Oxford University Press, Oxford 2010) Cases Caparo Industries plc. v Dickman [1990] UKHLDonoghue v Stevenson [1932] UKHL 100Holmes v Alfred McAlpine Homes (Yorkshire) Ltd [2006] EWHC 110 (QB); [2006] 3 Costs LR 466Holt v Edge [2007] EWCA Civ 602; [2007] 97 BMLR 74 (CA (Civ Div))Murphy v Brentwood District Council [1991] 1 AC 398Slessor v Vetco Gray UK Ltd [2007] Rep. LR 83 (OH)Thai Trading Co v Taylor [1998] QB. 781