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    I'm a little confused about the way duty of care is framed in different cases.

    My understanding is that duty of care relates to the existence or otherwise of a duty owed by individuals or classes to other individuals or classes; the standard of care having been set, a particular act or omission may or may not breach it. Standard of care and breach, rather than duty of care, are used as the jurisprudential "control mechanism" so as to retain flexibility. Orchard v Lee is a good example.

    However, in some other cases, it seems that the duty is framed as A's duty to B not to do [negligent act or omission], or A's duty to B to [specific act]. It effectively telescopes duty, standard and breach into a single element. For example, Chester v Afshar establishes that, in relation to DoC, doctors have a duty to warn

    subject to a further, important, duty: to warn Miss Chester of a small (1%-2%) but unavoidable risk that the proposed operation, however expertly performed, might lead to a seriously adverse result
    I don't understand how a duty of care itself can be a positive duty to undertake a specific act, rather than simply to exercise reasonable care and skill and leaving specific acts or omissions to be judged on the basis of whether they breached the standard or not.

    How do you resolve these seemingly irreconcilable approaches?
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    Anyone?
 
 
 
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