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under the common law duty of care vs upon the common law duty of care

Both phrases are correct, but 'under the common law duty of care' is more commonly used in legal contexts. 'Upon the common law duty of care' is also grammatically correct but less frequently used.

Last updated: March 31, 2024

under the common law duty of care

This phrase is correct and commonly used in legal contexts.

This phrase is used to indicate the responsibility or obligation imposed by the common law in terms of care and caution.

Examples:

  • The defendant breached the duty of care under the common law.
  • Drivers owe a duty of care under the common law to other road users.
  • Healthcare professionals have a duty of care under the common law to their patients.
  • Under the common law duty of care, property owners must ensure the safety of visitors.
  • The concept of duty of care under the common law is well-established.

Alternatives:

  • in accordance with the common law duty of care
  • following the common law duty of care
  • under the duty of care prescribed by common law
  • within the scope of the common law duty of care
  • under the legal duty of care

upon the common law duty of care

This phrase is grammatically correct but less commonly used compared to 'under the common law duty of care'.

While grammatically correct, 'upon the common law duty of care' is less frequently used in legal contexts to express the concept of responsibility or obligation.

Alternatives:

  • under the common law duty of care
  • in accordance with the common law duty of care
  • following the common law duty of care
  • under the duty of care prescribed by common law
  • within the scope of the common law duty of care

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