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#duty #law #negligence #tort
In some cases these issues can be clearly determined; whilst in others there is much debate about whether a duty should exist. A clear example can be seen in Carmarthenshire County Council v Lewis [1955] AC 549. Here a local authority was held to owe a duty of care to a motorist who had been injured in a road accident. The driver had to swerve to avoid a young pupil who had been left unsupervised in school and who had decided to go outside exploring. The decision was based on the special relationship between a school authority and the children in its care.
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