The Evolution of Duty of Care in UK Law of Tort——Comments on Its testing rules
Liu Dao-yu
Abstract
Liu Dao-yu
Abstract
Duty of care is the core ingredient of the responsibility composition of tort of negligence in common law.To judge whether there exists a duty of care and the degree is the precondition and basis for the judge to make a decision and for the doer to be held responsible for negligence.Duty of care is established and developed on the basis of cases and its testing rule Two-stage test evolves into Three-part test which is also based on cases.To do research on the evolution and development of duty of care and its testing rules in UK law of tort is of great importance both in theory and in practice and it is the theoretical basis of doing further research on law of tort under common law.
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Duty of care is the core ingredient of the responsibility composition of tort of negligence in common law.To judge whether there exists a duty of care and the degree is the precondition and basis for the judge to make a decision and for the doer to be held responsible for negligence.Duty of care is established and developed on the basis of cases and its testing rule Two-stage test evolves into Three-part test which is also based on cases.To do research on the evolution and development of duty of care and its testing rules in UK law of tort is of great importance both in theory and in practice and it is the theoretical basis of doing further research on law of tort under common law.
Key concepts: Tort, Duty of care, Duty, Law, Test (biology), Causation, Common law, Business