Whereby “First one has to ask whether, as between the alleged wrongdoer and the person who has suffered damage, there is a sufficient relationship of proximity or neighbourhood such that, in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter,in which case a prima facie duty of care arises” (Wild and Weinstein 2013). More over the claimant and the defendants relationship must be well-established, it will then be judged wether the defendant’s actions is likely to cause problems in the future. Prima Facie is the latin word meaning at first sight.Once the first part has been answered affirmatively “it is necessary to consider whether there are any considerations which ought to negative, or to reduce or limit the scope of the duty or the class of person to whom it is owed or the damages to which a breach of it may give rise." (Wild and Weinstein 2013). Thus the courts must carefully consider the impacts of their final decision of the case as to whether the defendant is guilty of negligence and whether he owes the claimant …show more content…
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