publication . Article . 2012

The Vulnerable Subject of Negligence Law

Carl F. Stychin;
Open Access
  • Published: 01 Sep 2012 Journal: International Journal of Law in Context, volume 8, pages 337-353 (issn: 1744-5523, eissn: 1744-5531, Copyright policy)
  • Publisher: Cambridge University Press (CUP)
  • Country: United Kingdom
<jats:title>Abstract</jats:title><jats:p>The approach taken by English courts to the duty of care question in negligence has been subject to harsh criticism in recent years. This article examines this fundamental issue in tort law, drawing upon Canadian and Australian jurisprudence by way of comparison. From this analysis, the concept of vulnerability is developed as a productive means of understanding the duty of care. Vulnerability is of increasing interest in legal and political theory and it is of particular relevance to the law of negligence. In addition to aiding doctrinal coherence, vulnerability – with its focus on relationships and care – has the potent...
free text keywords: Law, K1, Autonomy, media_common.quotation_subject, media_common, Jurisprudence, Political philosophy, Comparative law, Sociology, Tort, Delict, Negligence Law, Duty of care
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