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The Duty of Care in Negligence

James Plunkett

ISBN13: 9781509939527

Published: June 2020

Publisher: Hart Publishing

Country of Publication: UK

Format: Paperback (Hardback in 2018)

Price: £28.99

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Hardback edition , ISBN13 9781509914845

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This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems.

Given the vast number of issues currently dealt with in the duty enquiry the book forwards several original arguments that provide fresh and original insight into this core concept in tort law, both in academia and in practice. The main overall achievement is to provide clarity of the concept to the reader.

Subjects:: Tort Law

Contents:: 1. Introduction; I. What is the Duty of Care?; II. Making Sense of the Duty of Care; III. The Aim of this Book; IV. The Structure of this Book; V. Scope and Terminology; 2. The Historical Foundations of the Duty of Care; I. Introduction; II. The Beginnings of the Duty of Care; III. Towards a General Conception; IV. Conclusion; 3. Methods for Determining the Existence of a Duty of Care; I. Introduction; II. The Aftermath of Donoghue v Stevenson; III. The Staggering March of Negligence; IV. The Rise and Fall of Anns v Merton; V. Caparo; VI. Canada and the 'Two Stage' Test; VII. Assumption of Responsibility and the 'Extended' Hedley Byrne Principle; VIII. Australia and the 'Salient Features' Test; IX. Pockets; X. Incrementalism; XI. Conclusion; 4. Factual Duty; I. Introduction; II. The Dual Function of Duty; III. Factual Duty, Fault, and Remoteness; IV. Factual Duty and the Problem of the Unforeseeable Plaintiff; V. Why Factual Duty Entered the Duty Enquiry and Why it Remains; VI. Why Does it Matter?; VII. Conclusion; 5. Notional Duty I: General Principles; I. Introduction; II. The 'Categorical' Nature of Notional Duty; III. Assumptions of Responsibility; IV. Putting it all Together: The Structure of the Notional Duty Enquiry; V. A Suggested Approach to Resolving Notional Duty Problems; VI. Conclusion; 6. Notional Duty II: Theoretical Issues; I. Introduction; II. The Use of Policy Considerations; III. The Need for Notional Duty; IV. Conclusion; 7. Comparing the Duty Methodologies of Australia, Canada and the UK; I. Introduction; II. The Study; III. The Competing Methodologies; IV. Conclusion; 8. Conclusion; I. Introduction; II. Moving Forward; III. Conclusion