Negligence—when does a duty of care arise?

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

Negligence—when does a duty of care arise?

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

This Practice Note considers the first question to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant and the defendant such that, if the defendant has breached that duty, liability may arise.

For consideration of what may then amount to a breach of that duty, see Practice Note: Negligence—when is the duty of care breached?

For specific guidance on banks and the duty of care, see Practice Note: Negligence—banks and the duty of care.

For specific guidance on breach of statutory duty, see Practice Note: Negligence—breach of statutory duty.

For specific guidance in professional negligence claims, see: Professional negligence claims—overview, including Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity.

Duty of care—what are the requirements to establish a duty of care?

The tort of negligence imposes liability for loss or injury caused by carelessness.

Two central questions arise:

•
what constitutes carelessness?
•
when is liability not

Professor Richard A Buckley, M.A, D.Phil, DCL, Oxford

Barrister (Lincoln's Inn), Emeritus Professor of Law, University of Reading

Professor Buckley is an Emeritus Professor of Law 2008 -. Formerly Professor of Law, University of Reading 1993-2008; Fellow and Tutor in Law, Mansfield College, Oxford 1975-1993; Lecturer in Laws, King's College, London 1970-1975. Leverhulme Research Fellow, 2001. Publications include The Law of Negligence and Nuisance, 5th ed (2011, UU��ֱ��); Illegality and Public Policy, 2nd ed (2009, Sweet & Maxwell); The Law of Nuisance, 2nd ed (1995, Butterworths). Professor Buckley is also a contributing editor to Clerk and Lindsell on Torts, Halsbuy's Laws of England, Atkin's Court Forms, Fleming's The Law of Torts, 10th ed (2011), and formerly to Salmond and Heuston on Torts.

Jurisdiction(s):

United Kingdom

Key definition:

Negligence definition

What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

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