Examples of Duty of care

Juliet Chunu
 Examples of Duty of care
• Negligent mis-statements
• Principle in Hedley Bryne v. Heller & Partners
– This principle applies:
• When there is a special relationship between the
parties – lawyers accountants, bankers, surveyors,
commission agents owe a duty of care towards their
clients/ customers for professional advice , except
laywers in advocacy related matters
 Examples of Duty of care

• There is no duty of care where advice is given on a

social occasion
• Duty of care owed when a non-professional gives
advice on a business occasion, if non-professional had a
financial interest
– principle extended in Agbomagbe Bank v. CFAO
– Not extended in ACB v. AG NN Why?
 Examples of Duty of care

• Legal Practitioners

– Fiduciary relationship
• Exception barristers
 Examples of Duty of care

• Bailment

• Bailee owes a duty of care to bailor to take

proper care of goods entrusted to his charge
whether or not it is for his benefit
 Examples of Duty of care

• Employer’s liability
– Personal duty of care
– Vicarious liability
 Examples of Duty of care

• Occupier’s liability
• “occupier”
• “Visitor”
• “trespasser”
 Examples of Duty of care

• Defences
– Volenti non fit injuria
– Contributory negligence