Chapter

Negligence Liability

Ernest J. Weinrib

in The Idea of Private Law

Published in print September 2012 | ISBN: 9780199665815
Published online January 2013 | e-ISBN: 9780191748622 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199665815.003.0006
Negligence Liability

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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, and the contrast of misfeasance and nonfeasance) and shows how these constitute a unified ensemble that treats the progression from the defendant's action to the plaintiff's injury as a single normative sequence. Central to this linkage of plaintiff and defendant is the idea of risk, because (as the Palsgraf case stated) ‘risk imports relation’. Each of the concepts traces an actual or potential connection between doing and suffering, and together they translate into juridical terms the movement of effects from doer to sufferer.

Keywords: negligence; duty of care; proximate cause; factual cause; misfeasance; nonfeasance; reasonable care; Palsgraf

Chapter.  11859 words. 

Subjects: Jurisprudence and Philosophy of Law

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