Chapter 3 Key facts checklists

Duty of care: further issues

●    There are a number of areas in which the existence of a duty of care is problematic. This chapter must be studied in conjunction with Chapter 2, and with Chapters 4 and 5, which concern cases where the type of damage suffered causes problems in determining duty of care.

●    In the case of omissions (that is, when damage has resulted from the defendant’s lack of action, rather than directly from a positive act), duty of care is often absent.

●    When the defendant is a public body, policy may make it undesirable to impose a duty of care.

●    An interesting case study of contested duty of care arises in relation to the conduct of the police in relation specifically to prevention and investigation of crime.

●    The action in respect of damage done to an unborn child is regulated by both statute and the common law.