The Duty of Care in Negligence (Hart Studies in Private Law)

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. A new structure through which duty problems can be analysed is also proposed. Given the vast number of issues currently dealt with in the duty enquiry, the book puts forward 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. Volume 26 in the series Hart Studies in Private Law Acknowledgements Table of Contents List of Abbreviations List of Diagrams and Tables Table of Cases Table of Statutes 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 Appendix Duty cases from the High Court of Australia Duty Cases from the Supreme Court of Canada Duty Cases from the House of Lords and UKSC Index Acknowledgements -- Table of Contents -- List of Abbreviations -- List of Diagrams and Tables -- Table of Cases -- Table of Statutes -- 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 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. A new structure through which duty problems can be analysed is also proposed. Given the vast number of issues currently dealt with in the duty enquiry, the book puts forward 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.-- Provided by Publisher Présentation de l'éditeur : "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. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader." The Historical Foundations Of The Duty Of Care -- Methods For Determining The Existence Of A Duty Of Care -- Factual Duty -- Notional Duty I : General Principles -- Notional Duty Ii : Theoretical Issues -- Comparing The Duty Methodologies Of Australia, Canada, And The Uk. James Plunkett. Includes Bibliographical References And Index.