The Duty of Care in Negligence

by James Plunkett

Overview

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.

Product Details

ISBN-13:	9781509939527
Publisher:	Bloomsbury Academic
Publication date:	06/25/2020
Series:	Hart Studies in Private Law
Pages:	256
Product dimensions:	6.14(w) x 9.21(h) x 0.53(d)

About the Author

James Plunkett is 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.

Table of Contents

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

Editorial Reviews

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

“The Duty of Care in Negligence provides a useful consolidation of the historical and modern evolution of duty and a thoughtful critique of some current scholarly debates.” —Erika Chamberlain, University of Western Ontario, Cambridge Law Journal

From the Publisher