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---:: a simple dictionary of legal terminology and relevant cases ::---

09/10/2008

D

TORT: Duty of care - The primary control device which allows the courts to keep liability for negligence within what they regard as acceptable limits, and the controversies which have centered around the criteria for the existence of a duty reflect differences of opinion as to the proper ambit of liability for negligence.
The key question to ask is "Did this defendant owe a duty of care to this claimant?" and as such the test is not one of physical closeness, but of foresight of the reasonable man.

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