Chapter 3 Key debates

Duty of care: further issues

Topic:

‘Many Duties of Care—Or a Duty of Care? Notes from the Underground’

Author:

D. Howarth

Viewpoint:

Analyses duty of care in terms of political theory and concludes that the concept of ‘one duty’ is most conducive to simplicity and rational development of negligence.

Source:

(2006) 26 OJLS 449

Topic:

‘On the Function of the Law of Negligence’

Author:

A. Robertson

Viewpoint:

Analyses the role of policy and the availability of alternative remedies in judicial decisions on duty of care.

Source:

(2013) 33 OJLS 31

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