The Multiple Meanings and Practical Problems with Making a Duty of Care Work for Stewardship in Agriculture

Abstract

The common law concept of a duty of care is being extended into agriculture in some jurisdictions. However, the expression 'duty of care' hides a diversity of competing connotations. This article explains the context within which this environmental duty of care has evolved and outlines some conflicts the principle is intended to resolve and competing expectations this elicits. Statutory versions of the duty of care from natural resources and environment protection legislation are discussed, along with a consideration of the principle's operation in tort to set bounds to legal responsibilities and norms of behaviour. The article concludes that like other attempts to import useful policy concepts into legal relationships, false starts are inevitable before the promise of a duty of care approach becomes a reality.