Negligence Duty of Care in UK Law
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Elguzouli-Daf v Commissioner of Police of the Metropolis; McBrearty v Ministry of Defence
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While it is always tempting to yield to an argument based on the protection of civil liberties, I have come to the conclusion that the interests of the whole community are better served by not imposing a duty of care on the CPS. It would in some cases lead to a defensive approach by prosecutors to their multifarious duties. It would introduce a risk that prosecutors would act so as to protect themselves from claims of negligence.
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M'Alister or Donoghue (Pauper) v Stevenson
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You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.
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McLoughlin v O'Brian
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Yet an anxiety neurosis or a reactive depression may be recognisable psychiatric illnesses, with or without psychosomatic symptoms. So, the first hurdle which a plaintiff claiming damages of the kind in question must surmount is to establish that he is suffering, not merely grief, distress or any other normal emotion, but a positive psychiatric illness.
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Hedley Byrne & Company Ltd v Heller & Partners Ltd
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Furthermore, if in a sphere in which a person is so placed that others could reasonably rely upon his judgment or his skill or upon his ability to make careful inquiry, a person takes it upon himself to give information or advice to, or allows his information or advice to be passed on to, another person who, as he knows or should know, will place reliance upon it, then a duty of care will arise.
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Wooldridge v Sumner
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The maxim in English law presupposes a tortious act by the defendant. The consent that is relevant is not consent to the risk of Injury butconsent to the lack of reasonable care that may produce that risk (see Kelly v. Tarrants Ltd. 1954 Northern Ireland Reports page 41 per Lord MacDermott at page 45) and requires on the part of the plaintiff at the time at which he gives his consent full knowledge of the nature and extent of the risk that he ran.
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Brooks v Metropolitan Police Commisioner
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Whilst focusing on investigating crime, and the arrest of suspects, police officers would in practice be required to ensure that in every contact with a potential witness or a potential victim time and resources were deployed to avoid the risk of causing harm or offence. Such legal duties would tend to inhibit a robust approach in assessing a person as a possible suspect, witness or victim.
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M and Another v London Borough of Newham and Others; X and Others v Bedfordshire County Council
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We were not referred to any category of case in which a duty of care has been held to exist which is in any way analogous to the present cases. To my mind, the nearest analogies are the cases where a common law duty of care has been sought to be imposed upon the police (in seeking to protect vulnerable members of society from wrongs done to them by others) or statutory regulators of financial dealings who are seeking to protect investors from dishonesty.
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Space Industry Act 2018
... ... with a view to securing public safety.That duty has priority over the application of subsections ... are recoverable without proof of negligence or intention or other cause of action, as if the ... the person or body is in breach of a duty of care owed under the law of negligence, and(b) the ... ...
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Criminal Justice and Courts Act 2015
... ... wilful neglect by a person providing health care or social care; to create an offence of the ... amounts to a gross breach of a relevant duty of care owed by the care provider to the ... —(a) a duty owed under the law of negligence, or(b) a duty that would be owed under the law of ... ...
- Latent Damage Act 1986
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Unfair Contract Terms Act 1977
... ... for breach of contract, of for negligence or other breach of duty, can be avoided by means ... terms of a contract, to take reasonable care or exercise reasonable skill in the performance ... ...
- Gross Negligence Manslaughter, Restaurant Owners and the Duty of Care
- Negligence and the Duty of Care; the Demise of the Caparo Test; and Police Immunity Revisited: Robinson v Chief Constable of West Yorkshire
- THE DUTY OF CARE IN NEGLIGENCE: RECENTLY EXPRESSED POLICY ELEMENTS—PART I
- THE DUTY OF CARE IN NEGLIGENCE: RECENTLY EXPRESSED POLICY ELEMENTS—PART II
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UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers
In Singularis Holdings Ltd (In Official Liquidation) v Daiwa Capital Markets Europe Ltd ([2019] UKSC 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financ...... ... 50), the Supreme Court upheld the first successful claim in negligence by a customer of a financial institution for breach of the so-called ecare duty of care, in relation to payment instructions given where the financial institution ... ...
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Court Of Chancery Holds That Corporate Officers Owe Duty Of Oversight In Sexual Harassment And Misconduct Case
... ... of loyalty, and not just actions that constitute gross negligence, ... which would only be a breach of the duty of care. The Court, in a ... ...
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Liquidated Damages And Cap Carve Outs
... ... and when their interpretation of negligence departed from the ... traditional definition of ... contractual duty of care would be excluded from the cap carve out ... ...
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Liquidated Damages And Cap Carve Outs
... ... and when their interpretation of negligence departed from the ... traditional definition of ... contractual duty of care would be excluded from the cap carve out ... ...