What are the requirements necessary to establish a duty of care?

[Law of Torts] – There are four requirements necessary to establish a duty of care. They are:-

(1) forseeability of harm;

(2) proximity in relationship, which implies that the parties are so related that

(3) it is just and reasonable that the duty should exist; and

(4) policy considerations do not negative the existence of duty.

If the first three conditions are satisfied, policy considerations would rarely, in a limited class of cases , negative the existence of duty.

Advertisement

Comments