... a coherent and lineal principle that can be applied to a wide range of diverse circumstances. A duty of care is concerned with a party who by breach of a standard of care that should have been adopted in those circumstances has caused damage to an innocent party. The innocent party who may or not may have a pre-existing contractual relationship will be able to form an action for compensation. However, an unregulated duty would be too far reaching and would lead the courts being inundated by frivolous claims. Therefore, the courts have assembled a tri-partite test that according to Michael Jones are "formal requirements"2 of a duty of care. Lord Keith confirmed this tri-partite test in Yuen Kun-yeu v A-G of Hong Kong3. Currently, a duty of care arises when the damage that is caused is reasonably foreseeable, there is not too distant relationship between the parties and that ...

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