Duty of Care in Negligence Law

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What is the ultimate nature of duty of care?

It is a social responsibility

It is a question of morality

It is a legal concept treated as a question of law (correct)

It is a financial obligation

What approach has been preferred in modern times for assessing duty of care?

Emotional approach

Objective approach (correct)

Subjective approach

Religious approach

How do courts approach the assessment of duty of care?

Subjectively, based on personal beliefs

Objectively, based on what is fair, just, and reasonable (correct)

Based on religious principles

Based on emotional responses

What was the guiding principle post-Donoghue case regarding duty of care?

Neighbour principle Signup and view all the answers

What do courts consider in determining the existence of a duty of care situation?

What is fair, just, and reasonable Signup and view all the answers

In what context have the rules for discharging the question of duty been applied?

In all duty of care situations irrespective of party classification Signup and view all the answers

What was one of the main reasons judges were initially reluctant to accept the principle of duty of care as a general rule in negligence law?

Fear of opening the floodgates of litigation Signup and view all the answers

Which case exemplified the reluctance of judges towards accepting the duty of care principle as a general rule?

Weller v Foot and Mouth Research Institute Signup and view all the answers

In the absence of precedents, how did judges formulate the existence of a duty of care in completely novel situations?

Based on policy considerations Signup and view all the answers

Which approach has been criticized for potentially stifling the development of law in determining the existence of a duty of care?

Relying solely on policy reasons Signup and view all the answers

What is a distinguishing advantage of establishing duty of care in novel situations through policy reasons?

Creation of new duties of care Signup and view all the answers

What foundational concept did judges resort to when determining a duty of care in situations where no precedents existed?

Neighbour principle Signup and view all the answers

What were the 2 things that the courts looked at to determine the existence of a duty of care?

Nature of the interest and type of injury Signup and view all the answers

What is a key principle underlying duty arising from public office?

Confidence reposed in the officer Signup and view all the answers

In the context of legal duty, a duty exists when:

A reasonable person would foresee potential harm Signup and view all the answers

What is the significance of control of dangerous things in determining legal duty?

It helps establish precedents for duty situations Signup and view all the answers

What is one key aspect that must be present for an injury to be considered actionable under negligence law?

Foreseeability by a reasonable person Signup and view all the answers

The modern standard for determining the existence of a duty of care involves:

Foreseeability and protection of legally protected interests Signup and view all the answers