Construction Law resit Essay Example | Topics and Well Written Essays - 1500 words

Construction Law resit - Essay Example The doctrine of the responsibility to care develops significantly in the case of Donoghue vs. Stevenson (Card, Murdoch & Murdoch, 2011 p. 12) The duty of care arises precisely when an individual or a group of people carries out an activity that may cause any reasonable harm to the other party. The harm from such activity may be physical, economic or mental injuries. The activities such as driving and dispensing of the medications that lead to substantial harm can be subjected to the duty of care as provided for in the Common Law (Anson, Beatson, Burrows, & Cartwright, 2010, p. 219). The legal obligation of care is the first element of negligence. The element describes the relationship between the claimant and the defendant. The defendant in all circumstances must take critical care to prevent any possible injury or harm to the plaintiff. The duty of care is established in two significant cases. These include where the defendant and the plaintiff are operating within a relationship in which the duty of care was precedent set. In the second instance, in case the relationship is outside the provisions, the duty of care is achieved through given principles developed by the law in the case. There are three chief principles delineated in the Caparo s. Dickman that precisely specify a clear tripartite test for the duty of care. The test entails three governing question that facilitate discerning of the legality of the claim by the plaintiff to the duty of care. First, the principles confirm whether the harm was reasonably foreseeable. The second principle evaluates whether there was any degree of closeness between the claimant and the concerned defendant. The third principle questions any fair play in the implantation of the duty of care and whether there is any precluding policy of the public concern (Anson et al 2010 p. 224) According to the principles, guiding