In this episode, we explore the fundamental concept of negligence in English and Irish law, focusing on the crucial element of duty of care. We’ll trace the historical development of this duty, from the "neighbour principle" in Donoghue v Stevenson to the modern Caparo test, which examines foreseeability, proximity, and whether imposing a duty is fair, just, and reasonable. We’ll also discuss how public policy can limit the existence of a duty of care, with examples involving public authorities, omissions, and third-party actions. Tune in for a detailed overview of how courts determine whether a duty of care exists in negligence cases!
