272
"religious" or "moral duty" - both of which cannot be enforced:
eg. You are sunbathing on the beach and a child is about to
drown, you look away and continue reading your newspaper. Here
the law would not hold you responsible. You will have no duty of
care in law. Matters would be different if the child were under
you care and charge.
Tort of Negligence has always expanded to cover new horizons.
Lord Atkin's proposition covered squarely manufacturers of food
articles especially in the cases where the manufacturer:
"puts up an article of food in a container [sealed tin, or
sealed bottle] which he knows will be opened by the consumer in
circumstances where there can be no inspection by any purchaser
... the manufacturer had a duty of care towards the consumer.
It should also be noted that even though DONOGHUE V. STEVENSON
was regarded a landmark case in propounding the principle of the
duty of care - controversy still persisted on whether the duty
could extend in other cases of activity
Dostları ilə paylaş: