[Simple Question] Negligence Duty of Care Answering Technique [Urgent]

Hi all!!

Please help me!!

I am trying to answer a problem question. I am stating the issue => rule => apply => concluding. This is my basic structure for each issue.

I am stuck on how to state the law of duty of care. Duty of care has two aspects - duty of care in law and duty of care in fact.

If the problem question has an established legal duty situations (e.g. doctor and patient), I would state that there are two aspect of duty of care. Explain why there is a legal duty of care for patient and doctors. Explain why there is a duty of care in fact by applying the foreseeability test.

Then where do I state the neighbour principle in Donoghue v Stevenson?

If the problem question has a novel situation, I would state the duty of care has two aspects. One in law and in fact. Explain each brief. State the Caparo v Dickman modern approach for establishing duty of care. When explaining the foreseeability element I would state that this came from Donoghue v Stevenson neighbour principle.

Am I missing anything when stating the law on duty of care when using these approaches?

Please help!! Incredibly urgent thx!!

Reply 1

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