What three criteria must be satisfied for a duty of care to exist?

Study for the ICAEW ACA Certificate Level - Law Test. Dive into multiple choice questions and detailed explanations to prepare effectively. Get ready for your exam!

The criteria for establishing a duty of care in tort law are grounded in established legal principles. The correct answer includes "reasonably foreseeable," "sufficient proximity," and "fair, just, and reasonable."

"Reasonably foreseeable" refers to the need for a party to foresee that their actions could cause harm to others. This principle helps to ensure that there are no overly broad liabilities and that the harm resulting from an action could reasonably be anticipated.

"Sufficient proximity" addresses the relationship between the parties, which could be either physical or relational. This element emphasizes that the parties must be sufficiently close in terms of their relationship, such that one party's actions could foreseeably impact the other.

"Fair, just, and reasonable" assesses whether the imposition of a duty of care makes sense in the context of societal values and expectations. This criterion is crucial in preventing an endless chain of liability and ensures that the legal responsibility is within reasonable bounds.

Together, these three elements form the foundational criteria in determining whether a duty of care exists in various negligence claims, creating a balanced and equitable approach to liability in tort law. Understanding these concepts is essential, as they guide legal professionals in evaluating and arguing cases involving potential negligence.

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