A defendant will only owe the plaintiff a duty of care if loss, damage or injury to the plaintiff as a result of the defendant's conduct was:

Question

Quizplus · Accepted Answer

The duty of care owed by a defendant to a plaintiff is based on what a reasonable person in the defendant's position would have foreseen as a potential harm to the plaintiff. This means that the harm must be reasonably foreseeable, i.e., one that a reasonable person in the defendant's position would have foreseen as a likely result of their actions. Legally foreseeable or sufficiently foreseeable may not necessarily capture the required level of foreseeability. Adequately foreseeable is a subjective term and is not used in legal contexts.

A Defendant Will Only Owe the Plaintiff a Duty of Care