MoD's understanding of its duty of care
responsibilities
A duty of care is owed by the MoD where it has
a legal duty to take care (whether by taking action or refraining
from acting) in circumstances where a breach of that duty will
form the basis for successful proceedings for damages. The term
"duty of care" does not apply where merely a moral obligation
or responsibility is owed, since no legal liability could flow
from the failure to discharge the asserted duty of care.
The tests which would be applied by a Court
in determining whether a duty of care was owed by the MoD would
be the same whether one is dealing with women, under 18s or others.
Those tests would look, incrementally, at (i) whether there was
a reasonable forseeability of injury; (ii) the proximity between
the person alleged to owe the duty and the person claiming it
is owed, and (iii) whether it would be fair, just and reasonable
to impose a duty. Clearly the particular person in respect of
whom it were alleged a duty of care existed, and the circumstances
in which it was said the duty arose, will be directly relevant.
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