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THE MYSTERY OF DUTY
The Ambiguity of the Duty Concept
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affirmed Alta applied basis breach of contract Caltex car accident common law court held Court of Appeal created a risk culpability decision defective defendant's negligence doctrine duty to take economic loss arising facie duty fact failed fire foreseeability test foreseeable class foreseeable risk harm to persons Hedley Byrne Held for Defendant Held for Plaintiff House of Lords impose judge Justice law of negligence liability limits Lloyd's Rep Lord Atkin Lord Denning Lord Wilberforce loss of profits misfeasance negligent action negligent misrepresentation neighbour principle nonfeasance particular persons or property physical damage physical harm physical injury Plaintiff sued defendant Plaintiff suffered Polemis proximity purchaser pure economic loss question reasonably foreseeable recover recovery regard relationship relied rescuer result risk of harm risk of physical Rivtow Sask solicitor standard Stevenson sub nom suffered nervous shock suffered shock supra test of remoteness thin-skull third party tort Wagon Mound