Claims involving duty of care when damage is caused by a third party are at the fore of developments in the law of negligence.
- Three important construction cases from early 2021 clarify when a duty of care arises that permits claims where there is no contract.
- The guidance provided by the three cases is timely because claims based on a duty of care where damage was caused by a third party are currently at the forefront of the developing law of negligence.
- The cases give guidance from a private and public law perspective regarding when a duty of care will be imposed.
- The courts said no duty of care arose in two of the cases and in the third case it was a triable issue that could only be decided on the facts.
- The cases clarify the legal principles when a duty of care will be imposed, confirm when a duty of care can be assumed by conduct and affirm the importance of a close relationship before any duty of care will be found to exist.
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