Negligence Update – The Duty of Care Principle
One of the areas studied within ILSPA’s Legal Secretaries Diploma course is the law of negligence. This month we will be considering how the law in this area has developed and highlight some recent changes to the law on when a duty of care is owed.
The 1930s approach – “Love thy neighbour”
Ever since the case of Donoghue v Stevenson in 1932 created the law of negligence, the test to prove that a defendant has been negligent has been a simple 3-part formula:-
1) The claimant must be owed a duty;
2) That duty must be breached; and
3) The breach must cause the damage.
This test is sometimes referred to as the “neighbour principle” and its creator, Lord Atkin, broadly based the principle on the biblical concept of treating your neighbour as you would like to be treated.