What is the "neighbour principle" and what is the test for it?

Prince Edward Island, Canada


The following excerpt is from Reference under S-s.18(1) of Supreme Court Act, 2009 PECA 1 (CanLII):

Donoghue v. Stevenson stated a general conception of the relations giving rise to a duty of care in what has become known as the “neighbour principle”: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be — persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

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.

Other Questions


What is the effect of the totality principle on a sentence when dealing with multiple offences? (Prince Edward Island, Canada)
Can a motion judge apply a principle of law or a purely legal question? (Prince Edward Island, Canada)
What is the test for statutory intent to restrict the general common law principle of the right to trade freely? (Prince Edward Island, Canada)
What are the principles governing a motion under Rule 21.01? (Prince Edward Island, Canada)
What is the test for causation in medical malpractice cases? (Prince Edward Island, Canada)
What is the test for unequal division of net family property under s-s. 6(6) of the Divorce Act? (Prince Edward Island, Canada)
What is the test for cross-examination of a complainant in a sexual assault case? (Prince Edward Island, Canada)
Is a patient's communications with his doctor confidential? (Prince Edward Island, Canada)
What is the legal test for removing snow and ice from a catch basin? (Prince Edward Island, Canada)
What is the current state of the law on liability for the escape of a dangerous substance from the owner's property? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.