Business Law-Historical Development Of The Tests
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.
Ø The neighbour test
The classic formulation of the ¡®neighbour¡¯ test of Lord Atkin in Donoghue v Stevenson [1932] AC 562 is the most frequently cited attempt to rationalize the duty of care: ¡°You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. ¡± Who then in law is my neighbour? He defined the neighbour as ¡°persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I an directing my mind to the acts or omissions which are called in question.¡±
This case is very famous, for it destroyed......
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