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Hi, need to submit a 1750 words essay on the topic Leisure law.It was actually in Donoghue v. Stevenson, in which the concept of duty of care was significantly and formally conceptualized and develope
Hi, need to submit a 1750 words essay on the topic Leisure law.
It was actually in Donoghue v. Stevenson, in which the concept of duty of care was significantly and formally conceptualized and developed. Hereby the court of law established some concrete tests which ought to be satisfied so as to establish the duty of care. However, it was actually in Caparo Industries v. Dickman that happens to be a prominent British Tort Law case, in which a tripartite test for establishing the duty of care was set up (Cane 1996). Dickman happened to be the auditors of the accounts of the company Fidelity plc, while Caparo Industries happened to be a company that purchased the shares of Fidelity plc. After purchasing the shares of Fidelity plc, Caparo Industries found out that the accounts prepared by Dickman at no time indicated or showed that the firm has been running into large losses. It needs to be mentioned that before Donohue v. Stevenson, the claimants had to verify the existent duty clause to achieve success. In contrast, the subsequent cases tried to organize and limit the tests given by Donohue v. Stevenson. Caparo Industries v. Dickman was a step in that direction. The court established that in case of Caparo Industries v. Dickman, for the emergence of care to arise in the cases of negligence, the three essential criteria needed to be verified:
There is no denying the fact that human relationships tend to thrive under the aegis of a large and wide range of situations and circumstances. Hence, the very establishment of duty of care in any particular case may give way to many confusions and variations. Traditionally speaking, the law has always tried to verify and establish the duty of care in a range of circumstances, each and every circumstance being incumbent to its own specific characteristics and peculiarities. However, this practice has lead to the creation of a whole body of
