Duty of Care, Compensation & Insurance Cases

This area of law is based upon what lawyers call the tort (from the Latin for wrong) or negligence.

In the classic case of Donoghue ¯v- Stevenson in 1932, Lord Atkin stated the basic principal:

“The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question, who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”

Then as Lord Wright said in Lochgelly Iron & Coal ¯v- M’Mullan in 1934

“Negligence means more than heedless or careless conduct whether in commission or omission; it properly connotes the concept of duty, breach and damage thereby suffered by the person to whom the duty was owing”.

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