Development of the Duty of Care | Law of Tort

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The law of tort in the United Kingdom is a branch of civil law that deals with civil wrongs or injuries caused by one party to another. It provides a legal framework for individuals to seek compensation for harm or loss suffered as a result of someone else's actions or omissions.
Tort law covers a wide range of situations, including negligence, intentional harm, and strict liability. Negligence is a central concept in tort law and involves the failure to exercise reasonable care, resulting in harm to another person. To establish a claim of negligence, the injured party must prove that the defendant owed them a duty of care, breached that duty, and caused foreseeable harm.
In addition to negligence, tort law also recognizes intentional torts, which involve deliberate acts that cause harm, such as assault, battery, and defamation. Strict liability is another important aspect of tort law, whereby a party can be held liable for harm caused, regardless of fault or intent.
Tort law in the UK is primarily based on common law principles, which means that it is developed through judicial decisions rather than legislation. However, there are also statutory provisions that govern specific areas of tort law, such as the Defamation Act 2013 and the Occupiers' Liability Act 1957.
Overall, the law of tort aims to provide a legal framework for individuals to seek redress for harm suffered, while also promoting the principles of fairness, justice, and accountability.
- K. Horsey & E. Rackley, Tort Law (Oxford University Press, 2023)
- C. Brennan, Tort Law Concentrate: Law Revision and Study Guide (Oxford University Press, 2021).
- S. Green & J. Gardner, Tort Law (Red Globe Press, 2021).
- P. Giliker, Tort (8th edn, Sweet & Maxwell, 2023).
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At no point are these video lessons intended to provide any sort of legal advice. These are for educational purposes only!
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Would it be reasonable to raise the question duty of care in a case where one stops at a car park managed by company X, where the sign at the entrance to the car park only contains some terms and conditions (TCs) regarding the use of the car park, and further TCs are available at other signs inside the car park, and then the company X sends out a parking charge notice claiming that one was bound by a contract upon entering the car park and stopping in it, and following the law it ends up claiming money for an unpaid parking charge at County Court, and obtaining a judgement in default in its favour? Surely, the contract would not exist in the first place, but I am asking if it is reasonable to appeal this judgement based on the lack of care from company X about the car park that it is supposed to manage, or lack of care when claiming the signage is clear and that a contract is bound before making the claim, in that the signage is in fact not clear and not consistent throughout the car park.