REMOTENESS AND DUTY: THE CONTROL DEVICES IN LIABILITY FOR NEGLIGENCE

Authors

  • J G FLEMING

Keywords:

Negligence

Abstract

The author takes issue with methods used in negligence cases to deal with the concepts of duty and causation, which focus very little on underlying policy considerations. He questions whether an inquiry into the extent of liability is further benefited by reasoning in terms of remoteness and scrutinizes the method of dealing with the concepts separately rather than acknowledging their interconnectedness and similarity of functions. It is argued that isolating different aspects of the same problem obscures the real issues and draws the focus away from the operation of the mechanism as a whole.

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Published

1953-05-01

Issue

Section

Legal Commentary