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Words: | Submitted: Wed Mar 31 2004
... the manufacturer does come under a duty of care towards the final consumers. D&S established negligence as a separate tort, and opened a gateway to future claims. Judges began to look for duty of care in cases depending upon their facts, and where this could be established compensation could be sought, provided of course that breach of that duty and damage could be shown. Lord Aitkin gave his famous 'neighborhood principle' in D&S. He said that reasonable steps have to be taken towards acts or omissions that you can reasonably foresee would be likely to injure your neighbor. This established where a minimum of the neighborhood test could be established, duty of care would be deemed to exist, and then its breach and the damage caused (which should not be too remote) would have to be proved to claim liability. Duty of care was further expanded (its scope that is) ...
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