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Living on the Fault Line: The Reasonable Person and the Developmentally Disabled

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0002
Subject:
Law, Philosophy of Law

As the common law's tool for identifying behaviour that attracts neither censure nor legal liability, the reasonable person plays a central role in the law of negligence. Only those who emulate the ... More


Negligence

HECTOR L. MACQUEEN and W. D. H. SELLAR

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0017
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the year 1795 until 1932, a period which marks a great shift and change in the history of the law of delict in Scotland. In the early period of Scots’ law of delict, ... More


Childbirth and the Law

John Seymour

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198264682
eISBN:
9780191682759
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264682.001.0001
Subject:
Law, Medical Law

This book examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. ... More


Introduction: ‘Personal’ Problems: Rethinking the Reasonable Person

Mayo Moran

in Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard

Published in print:
2003
Published Online:
January 2010
ISBN:
9780199247820
eISBN:
9780191714788
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199247820.003.0001
Subject:
Law, Philosophy of Law

For well over a century, the reasonable person — or perhaps, more accurately, the reasonable man — has been a central figure in the landscape of the law. The reasonable person has, for instance, ... More


Managerial Efficiency

J. E. Parkinson

in Corporate Power and Responsibility: Issues in the Theory of Company Law

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198259893
eISBN:
9780191682018
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259893.003.0020
Subject:
Law, Company and Commercial Law

This chapter assesses the legal response to shirking and managerial incompetence, the other problems that have been assumed to be exacerbated by the separation of ownership and control, by way of the ... 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


Something Came Between Us

John Gardner

in From Personal Life to Private Law

Published in print:
2018
Published Online:
May 2018
ISBN:
9780198818755
eISBN:
9780191859656
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198818755.003.0002
Subject:
Law, Philosophy of Law

This chapter explores the sense in which the duties of the law of torts and the law of contract may be said to be ‘relational’. It takes a stand against the hyper-relationalism of many writings on ... More


Embarking: The Pittsburgh Survey, Workers’ Compensation, and the First Blush of Fame

Amy Aronson

in Crystal Eastman: A Revolutionary Life

Published in print:
2020
Published Online:
January 2020
ISBN:
9780199948734
eISBN:
9780190912864
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199948734.003.0004
Subject:
History, American History: 20th Century, Social History

In 1907, Crystal Eastman began a temporary job investigating industrial accidents with the Pittsburgh Survey, a comprehensive study of urban industrial life organized by Paul Kellogg and Edward ... More


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