[2](Brett MR – minority): Whenever one person is by circumstances placed in such a position with regard to another that everyone of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary skill and avoid such danger.Tort law should assume a broad view of this area.
If any person with ordinary sense realises that if they did not use proper care and skill, damage could be occasioned to another or another's property from their actions, they should be held liable.The Master of the Rolls, William Brett, 1st Viscount Esher, suggested that there was a wider duty to be responsible in tort to those who might be injured if "ordinary care and skill" was not exercised.
Brett MR's obiter views would later be expressly adopted by Lord Atkin in the House of Lords in Donoghue v Stevenson, when the general concept of a tortious duty of care in negligence was established under English law.
The House of Lords was content to decide the case on the basis that a duty of care was owed by an occupier of land (the owner of the dry dock) to invitees (the employees of the contractor who were on the site to the economic benefit ultimately of the dry dock owner).
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