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Duty of Care in Tort Law

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Definition of Duty of Care

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A legal obligation which requires adherence to a standard of reasonable care while performing acts that could foreseeably harm others. It's foundational in negligence claims as it establishes the legal relationship between parties and the standard against which behavior is judged.

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Vulnerability of the Claimant

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The degree to which the claimant is susceptible to harm. Vulnerability is important in establishing duty of care because a greater level of protection may be required for individuals who cannot protect themselves.

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Proximity

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The closeness or directness of the relationship between the defendant and claimant in terms of space, time or relationship. Proximity is crucial in the establishment of duty of care as it determines whether a duty should be legally recognized in the given circumstances.

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Foreseeability

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The ability to anticipate potential harm that one's actions might cause to others. This concept is key in establishing duty of care because a person must be able to foresee harm to be held responsible for preventing it.

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Policy Considerations

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Factors beyond strict legal principles that may affect the decision to impose a duty of care, such as public policy concerns or prevention of excessive litigation. These considerations affect establishing duty of care as they can extend or limit the circumstances under which a duty is recognized.

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Special Relationships

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Certain relationships (e.g., doctor-patient, employer-employee) where a higher degree of care is implicitly expected. Recognizing these relationships is vital in duty of care as it acknowledges situations where the standard of care may be heightened.

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Causation

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The direct link between the breach of duty and the harm caused. This aspect is critical as it shows that the breach actually resulted in the harm complained of, which is necessary to establish liability in negligence cases.

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Reasonable Person Standard

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The measure of behavior against what an average, prudent person would do in similar circumstances. It's important in establishing duty of care as it sets an objective baseline for behavior, which is used to determine if a duty was breached.

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Breach of Duty

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When a person does not live up to the established standard of care, causing harm. Establishing a breach is crucial for negligence cases because without a breach, there is no liability.

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Damage

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Actual loss or injury suffered by the claimant. The importance of documenting damages is that it provides evidence of the harm suffered as a result of the breach of duty, which is a prerequisite for making a compensation claim.

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