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Question: To what extent is the decision in Donoghue v Stevenson [1932] AC 562 still important to the duty of care in the law of negligence?

Answer: To address the value of Donoghue v Stevenson as precedent for the present-day duty of care, it should be explored what the state of the law was before the case, how it reformulated the concept of civil responsibility, and what its position is in relation to the more recent cases in tort of negligence. Warner referred to the decision in Donoghue and particularly Lord Atkin’s “neighbour principle” as of “radiating effects” for the contemporary legislation. However, critics have considered the principle in Donoghue as “too simplistic” in the sense that, although it successfully addresses cases of physical harm, it fails in those involving psychiatric injury or pure economic loss. New tests have been developed to cope with such more complicated situations. The essay will argue......(short extract)

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Details: - Mark: 64% | Course: Tort Law | Year: 1st | Words: 1498 | References: Yes | Date written: December, 2016 | Date submitted: November 27, 2017 | Coursework ID: 1036

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