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#duty #law #negligence #tort
In conclusion, if faced with a problem where the existence of a duty of care is in issue, consideration should be given to the following:
1. Existing authority (the incremental approach); and, if necessary:
2. The steps from Caparo, namely, foreseeability of loss, proximity and what is fair, just and reasonable in all the circumstances, taking into account any policy considerations.
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statusnot read reprioritisations
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