duty of care 1. the mechanism used in the law of TORT or DELICT to determine when a person is liable. In a way it is thus a useless fifth wheel. However, it is practically useful in separating out and explaining cases of non-liability where there is a MISTAKE or error or bungle that causes a loss to the plaintiff yet there is no liability. Nor- mally, reasonable foreseeability of physical harm will create a duty, but the question is much more open in cases of ECONOMIC LOSS, NER-

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dying declaration

VOUS SHOCK and other more unusual harms. See also CULPA, NEGLI- GENCE.

2. in relation to persons who import produce, carry, keep or dump waste and waste-brokers, the obligation to take all such measures as are reasonable, among other things, to prevent the unlawful man- agement of waste, prevent the escape of waste and to ensure waste is transferred to an authorised person: Environmental Protection Act 1990. Failure to meet the duty is a criminal offence.

• recognisance
• recommendation
• recompense
• reconvention
• recovery of money
• rectification
• reddendum
• redemption of feu duty
• redemption, right of
• reduction
• redundancy
• re-engagement
• re-examination
• reference to oath
• refugees
• regional policy
• register
• registered design
• registered office
• Register of Charges
• Register of Inhibitions and Adjudication
• Register of Sasines
• registrar
• registration
• registration of births