... must be satisfied: (a) 'Foreseeability of the damage; (b) A sufficiently 'proximate' relationship between the parties; and (c) Even where (a) and (b) are satisfied it must be 'just and reasonable' to impose such a duty.' 4 The Human Rights Act 1998 gives 'further effect to rights and freedoms guaranteed under the European Convention on Human Rights.' 5 The aim of the Human Rights Act is as stated in section 6 (1), 'courts should not act in a way which is incompatibe with a Convention right, as illustrated in Richard Buxton's article (p.57). The Convention has had the greatest effect so far through Article 6 regarding a 'fair and public hearing, within a reasonable time by an independent and impartial tribunal established by law,' 6 and also article 3, 'freedom from torture or inhuman or degrading treatment or punishment.' 7 By analysing cases throughout this essay, the effect of the Human Rights Act on duty of ...

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