The Duty of Care. Prepare this assignment according to the guidelines found in the APA Style Guide. An abstract is required. It recognizes that common law sets guidelines defining the duty of care and the applicable standards.3
Lord Atkin explained that we are required to take all necessary precautions to prevent injury to our neighbors. ‘Who then in law is my neighbor? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called to question’.4
In Anns v Merton London Borough Council the test for the duty of care was held to contain three primary functions.5 The first was to determine the remoteness of damage. Secondly, the relationship between the parties must be of sufficient proximity to imposing a duty of care. Thirdly, the imposition of a duty of care must be fair and just.6 This three-tier test has been articulated in Caparo Industries Plc. v Dickman.7
Significant indicators of proximity are found in ascertaining the responsibilities of the relevant parties together with reliance issues.8 Both the Hospital and Sun Loungers were in sufficient proximity to Crispin so as to give rise to a duty of care. As an employee of Sun Loungers and a patient of the Hospital, Crispin was in a position where both parties had responsibilities to ensure Crispin’s safety.
There was a breach of that duty and Crispin’s estate can file an action against both Sun Loungers and Malheantun. The foreseeability of the specific type of damages is not necessary.9 The fact that Crispin died does not bar an action in negligence.10 If Quentin was living with Crispin at the time of his death he may file suit as Crispin’s dependant for bereavement. 11 Additionally, by virtue of Section 2 of the Limitations Act 1980, the claims will have to be brought within 6 years from the date the cause of action accrued.