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This, and the following three chapters, deal solely with the first element – the establishment of a duty of care – in a variety of scenarios. English courts have long drawn a distinction between the existence of a duty of care in the context of loss caused by physical injury or property damage, on the one hand (the subject of analysis in this chapter); and where economic loss or psychiatric injury is caused, on the other. In the latter scenarios, special rules apply for the establishment of a duty of care, which are the subject of consideration in Chapters 4 and 5, respectively.
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