Rediscovering the Law of Negligence

Front Cover
Bloomsbury Publishing, May 30, 2007 - Law - 562 pages
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.
 

Contents

Acknowledgements
Table of Legislation
Concluding Remarks
The Objective Standard
Strict Liability and Corrective Justice
Duty and Remoteness
Modern Approaches to the Duty of Care
A New Approach?
Negligent Misrepresentation and the Private
The Right of Spring
Defences
The Standard of Care
Illegality
Wrongful Birth Wrongful Conception and Nervous Shock
Causation
Proof and Uncertainty

6
The Distinction between Misfeasance and Nonfeasance
7
Negligent Misrepresentation and Assumption of Responsibility
Loss of a Chance
Conclusion
Bibliography
Copyright

Other editions - View all

Common terms and phrases

About the author (2007)

Allan Beever is Reader in Law at the University of Durham.

Bibliographic information