Ernest J. Weinrib
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780199665815
- eISBN:
- 9780191748622
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199665815.003.0006
- Subject:
- Law, Philosophy of Law, Law of Obligations
This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, ...
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This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, and the contrast of misfeasance and nonfeasance) and shows how these constitute a unified ensemble that treats the progression from the defendant's action to the plaintiff's injury as a single normative sequence. Central to this linkage of plaintiff and defendant is the idea of risk, because (as the Palsgraf case stated) ‘risk imports relation’. Each of the concepts traces an actual or potential connection between doing and suffering, and together they translate into juridical terms the movement of effects from doer to sufferer.Less
This chapter elucidates the immanence of corrective justice in negligence liability. It examines each of the negligence concepts (reasonable care, the duty of care, proximate cause, factual cause, and the contrast of misfeasance and nonfeasance) and shows how these constitute a unified ensemble that treats the progression from the defendant's action to the plaintiff's injury as a single normative sequence. Central to this linkage of plaintiff and defendant is the idea of risk, because (as the Palsgraf case stated) ‘risk imports relation’. Each of the concepts traces an actual or potential connection between doing and suffering, and together they translate into juridical terms the movement of effects from doer to sufferer.
Allan Beever
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199675487
- eISBN:
- 9780191755477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199675487.003.0013
- Subject:
- Law, Philosophy of Law, Legal History
This chapter examines the ways in which the theories examined earlier in the book understand the private law. It explores in particular the basis of our private law rights, the objective standard of ...
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This chapter examines the ways in which the theories examined earlier in the book understand the private law. It explores in particular the basis of our private law rights, the objective standard of care, the relationship between injury and damage in the law of tort and contract and the distinction between misfeasance and nonfeasance.Less
This chapter examines the ways in which the theories examined earlier in the book understand the private law. It explores in particular the basis of our private law rights, the objective standard of care, the relationship between injury and damage in the law of tort and contract and the distinction between misfeasance and nonfeasance.
