What is the "duty of care" in tort law ?
In tort law, the "duty of care" refers to the legal obligation imposed on individuals or entities to act reasonably and avoid causing harm to others.
In India, the concept of duty of care is primarily established through judicial precedents rather than specific statutory provisions. The landmark case of Donoghue v. Stevenson, although a British case, has had a significant influence on the development of the duty of care in Indian tort law. This case introduced the "neighbour principle," which states that individuals must take reasonable care to avoid acts or omissions that could reasonably be foreseen to cause harm to their "neighbours" (i.e., persons who may be directly affected by their actions).
in the case of Indian Medical Association v. V.P. Shantha (1995), the Supreme Court of India held that doctors owe a duty of care to their patients and can be held liable for medical negligence if they breach that duty.