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Words: | Submitted: Wed Oct 20 2004
... the evident ambiguity arising in the law of tort, as is to be explored below. The first attempt of introducing a general principle in order to assess whether a duty of care should be owed in the tort of negligence was presented in the case of Donoghue v Stevenson1, wherein Lord Atkin stated the outline for this principle, "The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, who is my neighbour? Receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to reasonably have them in contemplation as being affected when I am directing my mind to ...
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