duty of care

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In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalisation of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.

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  1. JazKaz

    Duty of care

    Hey guys, I was studying Negligence and the ways in which courts establish a duty of care exists. I have read about the proximity approach and that it has now been abolished by the Sullivan v Moody (2001) case. I might be reading the case incorrectly, but it seems the required approach still...
  2. kingofmeereen

    QLD Does an employer owe a duty of care that their employee is mentally healthy?

    Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
  3. kingofmeereen

    QLD Does an employer owe a duty of care that their employee is mentally healthy?

    Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
  4. kingofmeereen

    QLD Does an employer owe a duty of care that their employee is mentally healthy?

    Like for example, a paramedic or a police are expected to witness very brutal scenes. Do their employers owe them a duty of care in ensuring they are still mentally healthy and if not and they do suffer some form of psychiatric injury, will they be entitled to sue their employer for compensation?
  5. P

    SA Australian Law - Duty of Care to Person on Premises?

    Dear forum, I would like an opinion on an incident that occurred at my workplace recently. On the day in question, the temperature was about 37 deg C with high humidity of 70% to 80%. It is my understanding that under Australian law, occupiers of a premises automatically owe a duty of care to...
  6. O

    QLD Car park accident & duty of care unloading trucks.

    Greetings Legal Minds, & thanks in advance. Can i begin with the short version. Can i load accident photo’s here ?..Mmm My 20 year old daughter pulled into a carpark 7 months ago in Sth Brisbane & her vehicle hit the rear hydraulic loading ramp of a delivery truck while he was unloading his...
  7. E

    QLD Out of time - do I submit a statement of claim after misconduct tribunal?

    Hi Everyone, I've got a unique situation. I believe I am entitled to compensation due to somebody breaching their duty of care to me but the 3 year limitation period comes up next week and I'm yet to lodge a statement of claim with the court. I'm comfortable I satisfy all the elements to pursue...
  8. A

    Would A Solicitor Have A Duty Of Care?

    A wife here recently went to a solicitor for help in filing a joint application for divorce. A efiling by themselves was proposed by the husband but her agitation at that time led to her doing the above. She took to the solicitor two affidavits - one from husband, one from wife - as required...
  9. S

    NSW Incident with Pedestrian at Car Park - Help?

    This incident happened today at a Westfield Bondi Junction parking lot and I'm still quite shocked/confused as to what happened. I apologise in advance at how long this may be - I just wanted to include as much detail as I can recollect as it is still fresh in my mind. It was a busy Sunday...
  10. J

    NSW Non-consenting Roster Change

    Hi. My wife works in a nursing home and recently the management have changed the rostering system. Previously staff were allocated (when first employed) or offered a section in which to work (This might be dementia, extra care, high care or general care). They could at any time request a...