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The Disintegration of Duty

Ernest J. Weinrib

in Corrective Justice

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199660643
eISBN:
9780191748288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199660643.003.0003
Subject:
Law, Philosophy of Law, Law of Obligations

The classic negligence cases of the twentieth century established a coherent framework for negligence liability, in which, in accordance with corrective justice, the injustice done by the defendant ... More


Consent and private liability in clinical research

Paul B. Miller and Josephine Johnston

in The Limits of Consent: A socio-ethical approach to human subject research in medicine

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199231461
eISBN:
9780191723858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199231461.003.0003
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter explores general theoretical questions relating to consent and private liability in clinical research, focusing on the implications of consent for private law duties of care governing ... More


The Duty of Care in Obstetrics and Midwifery

John Seymour

in Childbirth and the Law

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.003.0012
Subject:
Law, Medical Law

Chapter 10 showed that the application of the principles of tort law in cases of obstetric negligence has presented complex problems. In particular, while negligence law requires proof of a breach of ... More


Constraints on Discretion: Part 1—Directors

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0006
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter discusses two general types of behavioural constraints on managerial decision-making that can be found in most legal systems: the duties of care and loyalty. The former deals with the ... More


Duty of Care and Public Authority Liability

Elizabeth Anne Gumbel

in Tom Bingham and the Transformation of the Law: A Liber Amicorum

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199566181
eISBN:
9780191705458
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199566181.003.0008
Subject:
Law, Legal History

This chapter deals with Lord Bingham's important contribution to altering the boundaries that limit claims for breach of duty by public authorities by analyzing a selection of his judgments. Lord ... More


10. The Law of Torts in the Twentieth Century: Expansion and Collapse of the Tort of Negligence

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0011
Subject:
Law, Law of Obligations, Legal History

The tort law of negligence was thoroughly fragmented in the 19th century. This chapter shows how, in the 20th century, the practice moved in the direction of theory as the tendency towards ... More


Torts, Rights, and Risk

Stephen Perry

in Philosophical Foundations of the Law of Torts

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198701385
eISBN:
9780191770654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701385.003.0003
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter explores some questions concerning the relationship between torts, rights, and the concept of risk, beginning with the doctrinal element of a duty of care in negligence law. The idea of ... More


Participation Rights in EU Administrative Rule‐making

Joana Mendes

in Participation in EU Rule-Making: A Rights-Based Approach

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199599769
eISBN:
9780191729195
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599769.003.0005
Subject:
Law, EU Law

Chapter 5 examines the Courts' approach to participation in rulemaking procedures analysing in depth the Courts' leading ruling on this matter (Atlanta). It argues that the different positions of the ... More


England

Cees Van Dam

in European Tort Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199672264
eISBN:
9780191751288
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199672264.003.0005
Subject:
Law, Law of Obligations, EU Law

This chapter analyzes English tort law, which is characterized by its traditional approach based on its roots in medieval times. The area of non-contractual liability is not governed by rules but by ... More


The Function of Trusts in Business and Commerce

M. W. Lau

in The Economic Structure of Trusts: Towards a Property-based Approach

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199602407
eISBN:
9780191725203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602407.003.0006
Subject:
Law, Trusts

This chapter examines the reasons behind the trust's popularity in business and commerce. Although the trust is neither a legal entity nor an economic firm, it is widely used in structuring ... More


Negligence Liability

Ernest J. Weinrib

in The Idea of Private Law

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, ... More


The Dog Not Barking: A Duty of Care in Microfinance

Lesley Sherratt

in Can Microfinance Work?: How to Improve Its Ethical Balance and Effectiveness

Published in print:
2016
Published Online:
January 2016
ISBN:
9780199383191
eISBN:
9780199383214
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199383191.003.0005
Subject:
Economics and Finance, Development, Growth, and Environmental

Chapter 5 argues that Micro Financial Institutions (MFIs) owe a duty of care to borrowers, but that this duty is currently largely unfulfilled. A duty of care in microfinance is defined as requiring ... More


Ethics and primary health care

Charles Campion-Smith

in Ethics: Contemporary challenges in health and social care

Published in print:
2007
Published Online:
March 2012
ISBN:
9781861347558
eISBN:
9781447302216
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861347558.003.0005
Subject:
Social Work, Health and Mental Health

This chapter discusses the ethical aspects of everyday work in primary health care in the UK. The four main ethical concepts described in Chapter Two – beneficence, non-maleficence, autonomy, and ... More


Some Thoughts on the Nature of Liability for Negligence in Scots Law

Joe Thomson

in Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199677344
eISBN:
9780191758379
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199677344.003.0039
Subject:
Law, Philosophy of Law, Legal Profession and Ethics

This chapter considers the nature of liability to make reparation for losses caused by negligence. It focuses on the situation where losses have arisen as a result of personal injury or physical ... More


The Structure of Property Law

Jesse Wall

in Being and Owning: The Body, Bodily Material, and the Law

Published in print:
2015
Published Online:
August 2015
ISBN:
9780198727989
eISBN:
9780191794285
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727989.003.0006
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter aims to identify the ‘structural’ (or ‘doctrinal’) features of property law, compare these features with other branches of law, and consider how these features have been applied to the ... More


Equality and responsibility: Towards a more critical union?

Chris Armstrong

in Rethinking Equality: The Challenge of Equal Citizenship

Published in print:
2006
Published Online:
July 2012
ISBN:
9780719069246
eISBN:
9781781701287
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719069246.003.0005
Subject:
Political Science, Political Theory

This chapter considers the role(s) that responsibility might play in egalitarian theory and politics. Luck egalitarianism has largely ignored the possibilities for theorising responsibility ... More


The Revolution in Consideration Doctrine

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0002
Subject:
Law, Legal History

In the latter part of the nineteenth century, the requirement of consideration became entrenched as one of the most distinctive features of the common law, especially when compared with the contract ... More


Survivors of domestic violence, community and care

Paula Wilcox

in Care, community and citizenship: Research and practice in a changing policy context

Published in print:
2007
Published Online:
March 2012
ISBN:
9781861348715
eISBN:
9781447301608
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781861348715.003.0009
Subject:
Social Work, Communities and Organizations

This chapter extends an earlier discussion on communities and their responsiveness to domestic violence survivors, drawing on empirical research carried out in 2005 and 2006 with survivors in the ... More


The Snail in the Ginger Beer Float: Donoghue v Stevenson

Elspeth Reid

in Scots Law Tales

Published in print:
2010
Published Online:
September 2015
ISBN:
9781845860677
eISBN:
9781474406260
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860677.003.0005
Subject:
Law, Legal History

This chapter discusses the civil reparation lawsuit filed by May Donoghue against David Stevenson, a manufacturer of ginger beer. Donoghue alleged that the ginger beer float that she drank contained ... More


Duty, Causal Contribution, and the Scope of Responsibility: Does the Law of Negligence Impose Rational Limits?

Mary Arden

in Common Law and Modern Society: Keeping Pace with Change

Published in print:
2015
Published Online:
March 2016
ISBN:
9780198755845
eISBN:
9780191816970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755845.003.0006
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This chapter identifies the potential legal ‘hangovers’ weighing down the contemporary laws of negligence. The term ‘legal hangovers’ refers to concepts that continue to exist within a body of law ... More


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