What is the test for a duty of care in negligence?
Prince Edward Island, Canada
The following excerpt is from Reference under S-s.18(1) of Supreme Court Act, 2009 PECA 1 (CanLII):
The relations upon which a duty of care will be found to exist is not frozen in time and changes to meet the needs of society. Hedley Byrne v. Heller & Partners Ltd., [1963] 2 All E.R. 575 stated: How wide the sphere of the duty of care in negligence is to be laid depends ultimately upon the Courts’ assessment of the demands of society for protection from the carelessness of others.
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