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GENERAL DUTY CARE [1 record]

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Record 1 2016-05-31

English

Subject field(s)
  • Tort Law (common law)
CONT

The liability of occupiers hinges on the inveterate distinction ... between activities creating risks of harm and the failure to take affirmative action to prevent harm. ... the common law ... was generally cool to the plea that anyone should be obliged to exert himself on behalf of another, at least in the absence of some corresponding benefit. This factor goes far to explain the erstwhile reluctance to expose occupiers to the discipline of a general duty of care. ... (However) the mere fact that the defendant happens to be an occupier does not mean his duties are necessarily and exclusively defined by his "occupancy" duties: they may well be augmented by a general duty of care as the result of some additional factor colouring his relationship to the plaintiff ...

French

Domaine(s)
  • Droit des délits (common law)

Spanish

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