What Is the Name of the Test That the Courts

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The Answer is In determining the existence of a duty of care,the main test used by the Courts is commonly referred to as the 'neighbour' test as formulated from the famous precedent case of Donoghue v Stevenson [1934].
While there is no set formula to establish this duty of care,the 'neighbour' test arising from Donoghue v Stevenson suggested the following test:
•you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour;and
•your neighbour is any person who is so closely and directly affected by what you do that you ought reasonably to have them in contemplation as being so affected when you are directing your mind to the acts or omissions which are called into question.

What Is the Name of the Test That the Courts

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