Business Law-Historical Development of the Tests - 1025 Words

We live in a legal system in which we all have a duty to protect other persons from harm. The question the court must examine is what degree of duty exists under what specific circumstances. Although there were some attempts in the late 19th century to develop a general test, there was no accepted test until 1932. Oslash; The neighbour test The classic formulation of the  ¡Ã‚ ®neighbour ¡Ã‚ ¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize the duty of care:  ¡Ã‚ °You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.  ¡Ã‚ ± Who then in law is my neighbour? He defined the neighbour as  ¡Ã‚ °persons who are so closely†¦show more content†¦There must be sufficient proximity between the plaintiff and the defendant, and the court must consider it just and equitable to impose a duty of care. So the test enunciated in Caparo appeared to be applied by courts as the traditional approach. Oslash; The present position Developments since Caparo indicate that the period of retraction may well be over and an era of new expansion began. For instance, the builder ¡Ã‚ ¯s liability in negligence extends to later owners of the property who were not the building ¡Ã‚ ¯s original owner  ¡Ã‚ ª e.g. Bryan v Maloney (1995) 182 CLR 609. Another important case is Perre v Apand Pty Ltd (1999) 198 CLR 180. In this case, the court held that D was in breach of its duty of care to prevent economic loss to the neighbouring potato growers (P) when it supplied the inon-certified at-risk seed to the potato grower, because it was foreseeable for D concerning the likelihood that neighbours might be harmfully affected, and the physical harm is not a pre-condition to liability in negligence for economic loss. It confirms that a person can claim damages for economic loss without having to show injury to person or property. Euml; Conclusion To sum up, compared with the traditional test set out in Donoghue or Caparo, the concepts on the existence of duty of care are put forward such as  ¡Ã‚ ®foreseeability ¡Ã‚ ¯,  ¡Ã‚ ®proximity ¡Ã‚ ¯ until today. And the cases suggest that the proper approachShow MoreRelatedPfeiffer University : University Application Requirements Essay1025 Words   |  5 Pagesmodest liberal arts college located in an average, small town. The university maintains historical ties with the United Methodist church, but they also offer innovative and engaging academic programs. Pfeiffer University has campuses in Misenheimer, which offers traditional undergraduate degrees, Raleigh-Durham, which offers graduate degrees and Charlotte, which offer graduate and professional degrees. 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