English Law Basics · glossary

Duty of care

The first part of a negligence claim: a duty to take reasonable care not to harm someone. A duty alone is not enough, because the claimant must also show carelessness and damage. Nothing in the papers shows Frescalva was careless. Research note 5, answer (internal) · Chapter 7 · see Negligence

Explained in Chapter 7, Negligence and Misrepresentation: Tort Beside Contract, of English Law Basics.

How it comes up, in Chapter 7
A claim in negligence has three parts, and the claimant must show all three. The defendant owed the claimant a duty of care: a duty to take reasonable care not to harm them. The defendant broke that duty by being careless, and the carelessness caused damage.
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