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Words: | Submitted: Wed Mar 03 2004
... formula or touchstone to which recourse can be had in order to provide in every case a ready answer to the question whether given certain facts, the law will or will not impose liability for negligence." (Caparo Industries plc v Dickman [1990]). In 1932, Lord Atkin introduced the notion of the 'neighbour principle,' (Donoghue v Stevenson) which widened the scope of negligence immensely and opened new categories to the notion of duty of care. It was one of the first tests devised in order to conclude whether a duty of care exists and in turn, whether the defendant acted negligently: The rule that you are to love your neighbor becomes in law, you must not injure your neighbor...you must take reasonable care to avoid acts or omissions which you can reasonable foresee would be likely to injure your neighbor. Who then in law is my neighbor? The answer seems to ...
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