Scope
Although the duty of care is easiest to understand in contexts like simple blunt trauma, it is important to understand that a duty can be still found in situations where plaintiffs and defendants may be separated by vast distances of space and time.
For instance, an engineer or construction company involved in erecting a building may be reasonably responsible to tenants inhabiting the building many years in the future. This point is illustrated by the decision of the South Carolina Supreme Court in Terlinde v. Neely 275 S.C. 395, 271 S.E.2d 768 (1980), later cited by the Supreme Court of Canada in Winnipeg Condominium Corporation No. 36 v. Bird Construction Co. 1 S.C.R. 85:
| “ | The plaintiffs, being a member of the class for which the home was constructed, are entitled to a duty of care in construction commensurate with industry standards. In the light of the fact that the home was constructed as speculative, the home builder cannot reasonably argue he envisioned anything but a class of purchasers. By placing this product into the stream of commerce, the builder owes a duty of care to those who will use his product, so as to render him accountable for negligent workmanship. | ” |
Read more about this topic: Duty Of Care
Famous quotes containing the word scope:
“Every person is responsible for all the good within the scope of his abilities, and for no more, and none can tell whose sphere is the largest.”
—Gail Hamilton (1833–1896)
“As the creative adult needs to toy with ideas, the child, to form his ideas, needs toys—and plenty of leisure and scope to play with them as he likes, and not just the way adults think proper. This is why he must be given this freedom for his play to be successful and truly serve him well.”
—Bruno Bettelheim (20th century)
“A country survives its legislation. That truth should not comfort the conservative nor depress the radical. For it means that public policy can enlarge its scope and increase its audacity, can try big experiments without trembling too much over the result. This nation could enter upon the most radical experiments and could afford to fail in them.”
—Walter Lippmann (1889–1974)