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Topic: Philosophy
Number of pages / Number of words: 19 / 5212
Essay's paper body

This is defined as a breach in legal duty to take care which results in damage that is undesired by the defendant. It has three main elements in tort law:

1) The defendant must owe the claimant a duty of care

2) The defendant must breach this duty

3) Damage must have been caused by the claimant by the defendant's breach and such damage must not be too remote

The current test of whether a defendant owes a claimant a duty of care is set out in a tripartite test where all three elements must be proved in order to establish liability...


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This test was formulated by the House of Lords in Caparo Industries plc v Dickman . This developed from a general principle laid down in Donaghue v Stephenson was that you must take reasonable care to avoid any act or omission which you can reasonably foresee would be likely to injure your neighbour...


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General points of the essay

Breach of Duty of Care dislikes, Distastes and the undesired self. Negligence - Duty Of Care Compare And Contrast The Concepts Of Natural Crime And Legal Crime Duty Of Care Duty of Care Natural Crime and Legal Crime Natural Crime vs. Legal Crime A critique of Natural Law critique of natural law John Locke's Critique on President Bush's Preservation of Three Natural Rights: Life, Liberty, and Estate Breach Of Confidentiality: The Legal Implications When You Are Seeking Legal Crime vs Natural Crime natural and legal crime Understanding Natural And Legal Crimes

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