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.
By:
Dr James Plunkett (Victorian Bar Melbourne)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions:
Height: 234mm,
Width: 156mm,
Weight: 531g
ISBN: 9781509914845
ISBN 10: 1509914846
Series: Hart Studies in Private Law
Pages: 256
Publication Date: 22 February 2018
Audience:
College/higher education
,
Professional and scholarly
,
Primary
,
Undergraduate
Format: Hardback
Publisher's Status: Active
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
James Plunkett is a barrister at the Victorian Bar in Melbourne. He has previously taught law at the University of Oxford and practised at the Bar of England and Wales.
Reviews for The Duty of Care in Negligence
Plunkett's book will prove a valuable guide to everyone involved in this area of law as to how we should approach duty of care issues in future. -- Nick McBride, Pembroke College, University of Cambridge * The Journal of Professional Negligence * Given that the law on duty of care is highly contested and performs a normative function, it is a testament to Plunkett's writing that I found myself agreeing with most of his arguments... I cannot recommend this thoroughly researched and elegantly written monograph highly enough. -- Craig Purshouse, School of Law, University of Leeds * Modern Law Review * This book would be of interest to practitioners, academics and the judiciary alike. Clearly written and cogently argued, this book succeeds in increasing its reader's understanding of this almost mystical concept. -- Val Corbett * Tort Law and Litigation Review *
