Aviation Stories

DUTY OF CARE IN TORTS LAW, LIABILITY, FORESEEABILITY OF NEGLIGENCE, RECKLESSNESS, NUISANCEDuty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care as is due in such ‘acts or omissions which you can reasonably foresee would be likely to injure persons so directly affected that you ought reasonably to have them in contemplation’ and Caparo Industries -v- Dickman 1990 referred also to situations in which it would be fair, just, and reasonable to impose. This duty is owed to one in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, but not to a mother for shock nor for miscarriage to one who was to be who the driver and the ride i need to lose weight r could not to have known that were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; or to one in legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, but not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; or to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that would be affected’ ~it can be owed for financial loss in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not made clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.