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 proximity in a motor vehicle accident? (Prince Edward Island, Canada)
What is the scope of a teacher’s right to freedom of expression within the classroom of a public school system? (Prince Edward Island, Canada)
What are the consequences of an appeal against orders requiring security for costs and payment of further interim costs? (Prince Edward Island, Canada)
What is the test for length of a case? (Prince Edward Island, Canada)
Is a decision made unreasonable at a tribunal? (Prince Edward Island, Canada)
What is the legal test used to determine compensation for loss of income or wages as a result of discrimination? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.