如题,目前在ANU读了JD两个月了,也考过一些试,目前拿的全是Pass,这个分真心低得一点底气都没有。目前讲到duty of care,里面什么intermediate examination什么proximity什么remoteness都不太懂,虽然知道这些单词的意思,不过看教材犹如文言文一般,晕晕乎乎,简直醉到不行。求解,像我这样如何是好?
In tort law, a duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.