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Forum
Started Nov 27 2012, 15:21
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Nov 27 2012, 15:21
Common law duty of care was initially limited to situations when the plaintiff and defendant were in privity to each other. The English case Winterbottom v Wright (1842) is one of the leading cases where privity between the parties was seen as an essential requirement for imposing duty of care on the defendant. However, in the wake of 20th century, the courts began to release the importance of expanding the concept of duty of care to cover the new situations mainly created by the industrial revolution. Today, the concept of duty of care has been expanded to include any situation where the plaintiff can establish that the defendant could foresee the harm caused to the plaintiff by defendant’s act or omission.
Peter 12253649
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