The Duty Of Care
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The Duty Of Care In Negligence
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Author : James Plunkett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-08
The Duty Of Care In Negligence written by James Plunkett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-08 with Law categories.
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.
Many Duties Of Care Or A Duty Of Care Notes From The Underground
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Author : David R. Howarth
language : en
Publisher:
Release Date : 2010
Many Duties Of Care Or A Duty Of Care Notes From The Underground written by David R. Howarth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
In the course of attacking the idea that the concept of the duty of care can be dispensed with and replaced by a view of negligence that deals only with fault and causation, critics have revived the notion that there are many duties of care. This article argues that the idea of many duties of care is unworkable, but that there is no need to revive such an idea to avoid falling into the view that the whole concept of the duty of care can be discarded. It argues instead for a unified view of the duty of care as a single duty. It also argues for a new analysis of negligence, facilitated by the one-duty view, which does see fault as central to negligence but which, instead of discarding duty, sees arguments about duty as about whether the defendant should be permitted to act unreasonably. The article defends the one-duty view and the new analysis of negligence against the relational view of negligence and against charges that it is motivated by a desire for unity between English and French law, that it would be incompatible with the conventional economic analysis of tort law (in the course of which it suggests an economic analysis of the duty of care), and that, unlike the no-duty view or the many-duties view, it fails to articulate a coherent view of the relationship between freedom and community.
The Duty Of Care In Negligence
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Author : James Christopher Plunkett
language : en
Publisher:
Release Date : 2018
The Duty Of Care In Negligence written by James Christopher Plunkett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with LAW categories.
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
The Duty Of Care As A Duty In Rem
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Author : Peter Choi
language : en
Publisher:
Release Date : 2015
The Duty Of Care As A Duty In Rem written by Peter Choi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
Over the course of the twentieth century, the common law has lessened the duty of care--the threshold element of negligence liability -- to a "frustratingly inconsistent, unfocused, and often nonsensical" doctrine that is applied in multiple ways. Underlying this confusion and serving as a topic of extensive judicial and scholarly debate is the question of how the relational dynamic between the plaintiff and the defendant at the time of the alleged tort bears on the issue of whether the defendant owed the plaintiff a duty of care. In examining recent academic debate on that question that has surrounded the drafting and publication of The Restatement (Third) of Torts, this paper defends the Third Restatement's "world-at-large" view of the duty of care. It does so on the basis of a theory that conceptualizes the duty of care as a duty in rem -- an obligation owed to people in general (rather than to some defined class) by virtue of every person's ownership of some particular "thing." The theory that this paper offers reifies personal freedom -- the liberty every person has to act and use his property with reasonable care in the pursuit of his interests -- to challenge criticisms of the Third Restatement that suggest that a "duty to the world" entails a nihilistic view that offers no substantive concept of obligation and renders duty a mere instrument for issuing policy driven decisions. In challenging these criticisms, this paper argues that properly conceived, a duty of care owed to the "world at large" is an obligation owed to people by virtue of the exclusive and moral dominion every person is entitled to exercise over his personal freedom. Moreover, by measuring the scope of the duty of care on the basis of the "thing" of personal freedom, an in rem conception optimizes the information costs associated with establishing rights and duties between private parties so as to best facilitate the arm's-length social interactions with which negligence law is primarily concerned. Understood this way, the duty of care is a coherent moral and functional principle of law for governing the vast and anonymous network of people who necessarily impose risks of physical harm on each other in pursuing their various ends.
The Duty Of Care Of International Organizations Towards Their Civilian Personnel
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Author : Andrea de Guttry
language : en
Publisher: Springer
Release Date : 2018-08-17
The Duty Of Care Of International Organizations Towards Their Civilian Personnel written by Andrea de Guttry and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-17 with Law categories.
This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant’Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant’Anna School of Advanced Studies in Pisa.
The Duty Of Care
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Author : A. J. E. Jaffey
language : en
Publisher: Dartmouth Publishing Company
Release Date : 1992
The Duty Of Care written by A. J. E. Jaffey and has been published by Dartmouth Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
This work covers such areas as physical damage, statements and economic loss, tort and contract and government liability.
Casebook On Tort Law
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Author : Kirsty Horsey
language : en
Publisher: Oxford University Press
Release Date : 2024-02-02
Casebook On Tort Law written by Kirsty Horsey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-02 with Law categories.
All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.
The Duty Of Care
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Author : James Christopher Plunkett
language : en
Publisher:
Release Date : 2015
The Duty Of Care written by James Christopher Plunkett and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Negligence categories.
Torts
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Author : Alastair Mullis
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-05-06
Torts written by Alastair Mullis and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-06 with Law categories.
The previous editions of Torts were highly regarded for their clarity of explanation and engaging writing style, and this new fourth edition fully retains each of these qualities. The text has been extensively revised and updated, and there is a new chapter on privacy. The enhanced layout includes end of chapter summaries and self-test exercises and an extensive bibliography. This is therefore an ideal companion to the subject for both law undergraduates and GDL/CPE students.
Coaching Sport And The Law
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Author : Neil Partington
language : en
Publisher: Routledge
Release Date : 2021-05-11
Coaching Sport And The Law written by Neil Partington and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-11 with Law categories.
The interdependent coach-athlete relationship represents the most fundamental instance of a duty of care in sport. This book defines, analyses and clarifies the duty of care incumbent upon sports coaches and identifies important recommendations of real-world significance for coaching practice. Given the dynamic relationship between coaching, sport and the law, it is imperative that coaches have an informed awareness of the evolving legal context in which they discharge their duty of care. Detailed analysis of a coach’s duty of care has so far been lacking. The book addresses this gap by being the first to critically scrutinise the concept of duty of care in the specific context of sports coaching. Sustained analysis of the developing case law allows the scope and boundaries of the particular duties demanded of coaches to be rigorously examined. The legal principles and court decisions discussed relate to coaching delivered in a wide range of individual and team sports, at both amateur and professional levels of performance, and include common scenarios and challenges frequently encountered by sports coaches globally. By adopting an interdisciplinary approach within a broader sociolegal methodological framework, this book’s detailed analysis and original insights will prove highly instructive for practising coaches, coach educators, and national governing bodies of sport. It also offers extremely valuable insights for students, teachers and practitioners involved in sports law, sports coaching, sports ethics, tort law, sports policy and development, sports studies and physical education.