Duty of care in English law

Part of a series on common law
English tort law
Negligence
Duty of care Bolam test Breach of duty Causation Breaking the chain Acts of the claimant Remoteness Professional negligence Psychiatric harm Loss of chance Loss of right Res ipsa loquitur Eggshell skull
Trespass
Occupiers' liability
Occupiers' Liability Act 1957 Occupiers' Liability Act 1984
Defamation
Strict liability
Vicarious liability Rylands v Fletcher
Nuisance
v t e

In English tort law, an individual may owe a duty of care to another, in order to ensure that they do not suffer any unreasonable harm or loss. If such a duty is found to be breached, a legal liability will be imposed upon the tortfeasor to compensate the victim for any losses they incur. The idea of individuals owing strangers a duty of care – where beforehand such duties were only found from contractual arrangements – developed at common law, throughout the 20th century. The doctrine was significantly developed in the case of Donoghue v Stevenson,^[1] where a woman succeeded in establishing a manufacturer of ginger beer owed her a duty of care, where it had been negligently produced. Following this, the duty concept has expanded into a coherent judicial test, which must be satisfied in order to claim in negligence.

Generally, a duty of care arises where one individual or group undertakes an activity which could reasonably harm another (or themselves), either physically, mentally, or economically. This includes common activities such as driving (where physical injury may occur), as well as specialised activities such as dispensing reliant economic advice (where economic loss may occur). Where an individual has not created a situation which may cause harm, no duty of care exists to warn others of dangerous situations or prevent harm occurring to them; such acts are known as pure omissions, and liability may only arise where a prior special relationship exists to necessitate them.