DUTY OF CARE

Duty of Care in the United Kingdom

Duty of Care in the United Kingdom

Introduction

The duty of care is a part of the English law. Under this law, an individual owes the duty of care and ensures that he or any other person does not suffer from any loss or harm that is unreasonable. Legal liability is imposed on the person who owes the duty and it is the responsibility of the duty-ower to compensate the victim if he has suffered from any loss. Duty of care emerges when a person or a single group takes up an activity in which he or she could harm the other person quite reasonably. The harm could be physical, mental or emotional. Physical injuries may occur when the person is driving and meets with an accident. Specialized activities such as the economic advice may also cause harm if the advice is not appropriate. When an individual has not created a situation that may cause harm these acts will not be known as a violation of the duty of care.

Discussion

Duty of care has been exercised in a number of cases. One famous case in which duty of care was established was Anns v Merton London Borough Council (1978). Anns were the claimants in this case. They were the tenants in a block of flats. The flats were suffering from structural defects. These defects were caused due to the inadequate and improper foundation laid down by the construction of flats. The Council was the defendant in this case. They were responsible for inspecting the foundation of the flats (Ackerman-Rose, 1986, 91). The court held that the defendants i.e. the council is responsible for duty of care and also for ensuring whether the foundations are laid correctly or not.

A two stage test was introduced to ensure that the duty of care is correctly imposed on the person. In the first case, it will be asked as to whether the wrongdoer and alleged person share a close relationship or are neighbors. It should also be made sure whether the carelessness has caused damage to the person who is claiming or not. If the answer of the question of the first stage is affirmative then it is required to consider whether there is any scope of the reduction in the duty of care or not.

Since then the doctrine of duty of care has been followed in the judicial system. This has helped many people in many ways and has ensured that they are being looked after well. On the other hand, there are people who are not happy with this doctrine because it imposes more responsibility on them and also makes them more responsible of things that were out of their scope prior to this law. After this case of Anns v Merton London Borough Council (1978), the court has tried to limit the scope of duty of care. The reason is the same that it has been unable to keep everyone happy and according to the ...