Tort of Negligence: The 'Duty of Care' Twist
torts ts_lawcet advanced internship_learnBhai, during my internship at a lawyer's chamber, I witnessed a case that changed my understanding of the tort of negligence. We all know that for a duty of care to be established, there must be a relationship between the parties. But what about cases where the relationship is not explicit? Imagine a scenario where a factory owner doesn't take reasonable care to prevent his machinery from causing harm to passing pedestrians. Here comes the twist - the duty of care is not limited to the actual relationship between the parties. It can be extended to the foreseeable zone of danger surrounding the activity. This was precisely the ruling in the landmark case of Donoghue v Stevenson (1932).
2 Comments
"Tort of Negligence: Duty of Care Twist" ek bahut hi complex topic hai. Duty of Care ka concept 1932 me Donoghue v Stevenson case se aaya. Uss case mein, ek lady ne apne boyfriend se pani ka bottle liya, jisme par kheti ki jaanwar ka bone thoka mila. Unke boyfriend ke karnaan par case kiya gaya. Aur phir, high court ne boyfriend ko liable paayaa.
Yaar, duty of care ka concept Donoghue v Stevenson se start hua tha, jab pehle baar kisi kisi ke liye responsibility ka concept establish hua. Ab bhi, yeh kisi bhi person, institution ya government department ke liye applicable hai jiska action or inaction kisi aur ko hadd ho sakta hai. Lekin, duty of care ke liye, court ko apna decision karna padta hai.