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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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Rediscovering the Law of Negligence


ISBN13: 9781841136868
Published: May 2007
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00
Paperback edition , ISBN13 9781841139753



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Rediscovering the Law of Negligence offers a systematic and theoretical exploration of the law of negligence. Its aim is to re-establish the notion that thinking about the law ought to and can proceed on the basis of principle. As such, it is opposed to the prevalent modern view that the various aspects of the law are and must be based on individual policy decisions and that the task of the judge or commentator is to shape the law in terms of the relevant policies as she sees them. The book, then, is an attempt to re-establish the law of negligence as a body of law rather than as a branch of politics. The book argues that the law of negligence is best understood in terms of a relatively small set of principles enunciated in a small number of leading cases. It further argues that these principles are themselves best seen in terms of an aspect of morality called corrective justice which, when applied to the most important aspects of the law of negligence reveals that the law - even as it now exists - possesses a far greater degree of conceptual unity than is commonly thought. Using this method the author is able to examine familiar aspects of the law of negligence such as the standard of care; the duty of care; remoteness; misfeasance; economic loss; negligent misrepresentation; the liability of public bodies; wrongful conception; nervous shock; the defences of contributory negligence, voluntary assumption of risk, and illegality; causation; and issues concerning proof, to show that when the principles are applied and the idea of corrective justice is properly understood then the law appears both systematic and conceptually satisfactory. The upshot is a rediscovery of the law of negligence.

Subjects:
Tort Law
Contents:
1. Introduction
2. Corrective Justice, Negligence and Tort Law
3. The Standard of Care
4. Duty and Remoteness
5. Modern Approaches to the Duty of Care
6. Misfeasance, Nonfeasance and the Rights Base of the Law of Negligence
7. Economic Loss
8. Negligent Misrepresentation and Assumption of Responsibility
9. Nonfeasance and the Liability of Public Bodies
10. Defences
11. Wrongful Birth, Wrongful Conception and Nervous Shock
12. Causation
13. Proof and Uncertainty
14. Conclusion