The duty of care does not vary with the nature of damage, as to whether it is physical or financial. The relationship of the parties is to be taken into account in assessing the extent of damage.
Saville LJ said: ‘the three so-called requirements for a duty of care are not to be treated as wholly separate and distinct requirements but rather as convenient and helpful approaches to the pragmatic question whether a duty should be imposed in any given case. In the end whether the law does impose a duty in any particular circumstances depends upon those circumstances …’
Judges:
Saville LJ
Citations:
Times 23-Feb-1994, Independent 02-Mar-1994, Ind Summary 14-Feb-1994
Jurisdiction:
England and Wales
Cited by:
Appeal from – Marc Rich and Co Ag and Others v Bishop Rock Marine Co Ltd and Others HL 6-Jul-1995
A surveyor acting on behalf of the classification society had recommended that after repairs specified by him had been carried out a vessel, the Nicholas H, should be allowed to proceed. It was lost at sea.
Held: The marine classification . .
Lists of cited by and citing cases may be incomplete.
Negligence, Damages
Updated: 09 April 2022; Ref: scu.83394
