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(a) That's right. Even when harm is foreseeable, a duty of care to prevent that harm usually only arises in recognised situations or circumstances. Specific situations that give rise to a duty of care to prevent foreseeable harm include the following:

  • when an occupier of property causes harm to persons entering the property, because of the state of the premises
  • when a road user causes harm to other road users
  • when harm is caused by one person to another with whom they have a contractual relationship
  • when a manufacturer causes harm to a consumer of that manufacturer's product
  • when harm is caused by one person to another with whom they have a fiduciary relationship

Donoghue v Stevenson [1932] AC 562.

In the present case, the relationship between A and B (manufacturer and consumer) is one of those that has long been recognised as potentially giving rise to a duty of care. The list of established relationships that create a duty of care is not a closed list. In more unusual cases, the courts weigh up various factors which may point to a relationship sufficient to give rise to a duty of care.