Duty of Care

What is Duty of Care in Tort Law?

Quick Definition

Duty of care is a legal obligation requiring individuals to exercise a reasonable standard of care to prevent harm to others. It is a fundamental element in negligence claims, establishing the relationship between the parties involved.

In Context

The concept of duty of care is pivotal in determining liability in negligence cases. It was famously established in the case of Donoghue v Stevenson (1932), where the court held that manufacturers owe a duty of care to consumers. This principle has since been expanded to various relationships, such as between doctors and patients or drivers and pedestrians. In exams, students often explore how duty of care is applied in different scenarios and the factors influencing its existence.

See Also

• Negligence

• Breach of Duty

• Causation

Learn More

Check out our Tort Law Notes for deeper case law, examples, and revision tips.