First Principles of Business Law

5. Breach of a duty of care

5.2.4. The seriousness of harm

The seriousness or gravity of the potential harm is one of the factors taken into account to decide what obligations are created in particular circumstances by a duty of care. Consider each of the following arguments. Bearing in mind the facts of the case-study, click on the one that is most likely to succeed.

(a) The more serious the harm, the more likely it is that the law will impose an obligation to prevent that harm from occurring. The gravity of the likely harm is therefore relevant in deciding what, in particular circumstances, a reasonable person would do to avoid that harm.

(b) The law only distinguishes between trivial and non-trivial harm. No obligation arises to avoid trivial harm, but there is always an obligation to avoid harm that cannot be dismissed as merely trivial.