The Boundaries of Negligence
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Daniel More
Almost seventy years after the seminal decision of the House of Lords in Donoghue v. Stevenson, the boundaries of negligence are still as blurred as ever. Some of the vagueness surrounding this tort is inescapable. It is an unavoidable price paid for the reliance on abstract, open-ended, amorphous, and incoherent notions. Indeed, there is no universal agreement even as to the meanings to be attached to the various components of this tort, such as the "reasonable person," proximity, and reliance. The boundaries of negligence are determined particularly through the filter of the duty of care. This article discusses the development of the concept of duty of care and the nature of negligence as analyzed through the prism of this duty.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Irreparable Injury and Extraordinary Precaution: The Safety and Feasibility Norms in American Accident Law
- Qualitative Judgments and Social Criticism in Private Law: A Comment on Professor Keating
- The Many Faces of Negligence
- Hand, Posner, and the Myth of the "Hand Formula"
- Egalitarianism as Justification: Why and How Should Egalitarian Considerations Reshape the Standard of Care in Negligence Law?
- The Boundaries of Negligence
- Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses
- Harm and Justification in Negligence
- The Fault of Not Knowing: A Comment
Articles in the same Issue
- Article
- Irreparable Injury and Extraordinary Precaution: The Safety and Feasibility Norms in American Accident Law
- Qualitative Judgments and Social Criticism in Private Law: A Comment on Professor Keating
- The Many Faces of Negligence
- Hand, Posner, and the Myth of the "Hand Formula"
- Egalitarianism as Justification: Why and How Should Egalitarian Considerations Reshape the Standard of Care in Negligence Law?
- The Boundaries of Negligence
- Prohibited Risks and Culpable Disregard or Inattentiveness: Challenge and Confusion in the Formulation of Risk-Creation Offenses
- Harm and Justification in Negligence
- The Fault of Not Knowing: A Comment
