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Duty of Care in Negligence - (Hart Studies in Private Law) by James Plunkett (Hardcover)

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Based on the author’s doctoral thesis, this book presents an overview and analysis of the duty of care inquiry as a whole, drawing on academic analyses and judicial experience in common law systems. It proposes a new structure for the analysis of duty problems and describes problems dealt with under the singular duty rubric, existing debates, overlooked aspects of the duty inquiry, and whether there are practical differences in how the courts in different jurisdictions approach the duty problem. It discusses the historical foundations of the duty of care in negligence, methods for determining the existence of a duty to care, factual duty, general principles and theoretical issues in notional duty, and comparison of the duty methodologies of Australia, Canada, and the UK, and whether the discussion of duty in the previous chapters is reflected in their judicial decisions. Distributed in the US by ISBS. Annotation ©2018 Ringgold, Inc., Portland, OR (

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