2007Journal of Taishan UniversityRequires access

Exploring duty of care's concept and its grounds

Wang Jun

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Abstract

Duty of care is vital to better realize tort law's function of damages compensating and interest balancing.Duty of care refers to the duty that people should take reasonable care to avoid the possibl damages to other people's body or property.Duty of care has gone through a process from experience to rationality,and its theorization's establishment and improvement attribute to a long term of judicial cases.Duty of care is grounded on proximity,foresight,reliance and assumption,etc.With the development of society, nonfeasance will also generate duty of care in some special cases.

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What this paper is about

Duty of care is vital to better realize tort law's function of damages compensating and interest balancing.Duty of care refers to the duty that people should take reasonable care to avoid the possibl damages to other people's body or property.Duty of care has gone through a process from experience to rationality,and its theorization's establishment and improvement attribute to a long term of judicial cases.Duty of care is grounded on proximity,foresight,reliance and assumption,etc.With the development of society, nonfeasance will also generate duty of care in some special cases.

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Available abstract

Duty of care is vital to better realize tort law's function of damages compensating and interest balancing.Duty of care refers to the duty that people should take reasonable care to avoid the possibl damages to other people's body or property.Duty of care has gone through a process from experience to rationality,and its theorization's establishment and improvement attribute to a long term of judicial cases.Duty of care is grounded on proximity,foresight,reliance and assumption,etc.With the development of society, nonfeasance will also generate duty of care in some special cases.

Key concepts: Duty, Damages, Duty of care, Futures studies, Rationality, Tort, Law and economics, Law

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