| 释义 |
duty of care
The legal obligation to take reasonable care to avoid causing damage. There is no liability in tort for negligence unless the act or omission that causes damage is a breach of a duty of care owed to the claimant. There is a duty to take care in most situations in which one can reasonably foresee that one’s actions may cause physical damage to the person or property of others (see neighbour principle). The duty is owed to those people likely to be affected by the conduct in question. Thus doctors owe a duty of care to their patients (Bolam v Friern Hospital Management Committee [1957] 1 WLR 583 (QB)) and users of the highway have a duty of care to all other road users (Nettleship v Weston [1971] 2 QB 691). However, there is no general duty to prevent other persons causing damage or to rescue persons or property in danger. Liability for careless words is more limited than liability for careless acts (see negligent misstatement) and there is no general duty not to cause economic loss or psychiatric injury. The existence and scope of the duty of care will depend upon all the circumstances of the case and the relationship between the parties. The courts have developed a three tier test to determine whether a duty of care exists (Caparo Industries plc v Dickman [1990] 2 AC 605 (HL)), and in novel cases courts are mindful of a range of policy issues. Most duties of care are the result of judicial decisions; however, some are contained in statutes, such as the Occupier’s Liability Act 1957 (see occupier’s liability). |