Abstract
This chapter traces the development of the duty of care. It considers the various general tests developed and used by the courts in order to establish when a duty of care is owed. In novel cases where there is no existing precedent, since the decision of the House of Lords in Caparo Industries v Dickman [1990], the defendant will owe the claimant a duty of care only where there are positive reasons for them to do so (either because the circumstances of the case are very similar to another where a duty is already owed or because there is sufficient proximity and foreseeability between the parties and the harm suffered to make it fair, just and reasonable to impose a duty).
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