On The Duty Of Care In Tort Law

Duty of Care is a fundamental concept in both Common and Continental Laws. It plays a critical role in determining infringement by negligence in both systems, and even more so in countries under the Common Law.There are some differences between the two law systems with respect to an individual's liability to Duty of Care and the criteria for breaching its implied obligation.For countries that practice the Common Law, proximity, predictability, and the impact on the public policy are taken into account when establishing an individual's liability, and the breach of the obligation is judged by both the "Reasonable Man" standard and expert opinions.Countries practicing the Continental Law pay more attention to the origin of the Duty of Care, and base the judgment on statuary and non-statuary laws, customs, common sense, and conventional moral standards.The domain of applicability of Duty of Care expands with the rapid development of economic society. This paper attempts to address the integration of the theory of Duty of Care, which has been long established in many other countries, into the law system of our country, for the purpose of introducing a new mechanism for judicial practice and providing a practical guidance for individuals.The paper is divided into five sections.The first section gives a brief overview of Duty of Care theory by comparing its origin and evolution, as well as its use in determining infringement by negligence under Common and Continental Laws. I will explain that Duty of Care is an open concept that progress over time, and thus adapts to the societal change and economic development. I will also discuss the current state of Care of Duty study and related legislations in our country, and establish the necessity of integrating Duty of Care theory into our law system.Section 2 focuses on the contents of Duty of Care and its coverage. An individual owes a duty of care either through his/her interaction of the physical environment or the interaction with other individuals. Depending on the nature of these interactions, Duty of Care can be...