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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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Rediscovering the Law of Negligence (Hardcover, New)
Loot Price: R3,214
Discovery Miles 32 140
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Rediscovering the Law of Negligence (Hardcover, New)
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Rediscovering the Law of Negligence offers a systematic and
theoretical exploration of the law of negligence. Its aim is to
re-establish the notion that thinking about the law ought to and
can proceed on the basis of principle. As such, it is opposed to
the prevalent modern view that the various aspects of the law are
and must be based on individual policy decisions and that the task
of the judge or commentator is to shape the law in terms of the
relevant policies as she sees them. The book, then, is an attempt
to re-establish the law of negligence as a body of law rather than
as a branch of politics. The book argues that the law of negligence
is best understood in terms of a relatively small set of principles
enunciated in a small number of leading cases. It further argues
that these principles are themselves best seen in terms of an
aspect of morality called corrective justice which, when applied to
the most important aspects of the law of negligence reveals that
the law - even as it now exists - possesses a far greater degree of
conceptual unity than is commonly thought. Using this method the
author is able to examine familiar aspects of the law of negligence
such as the standard of care; the duty of care; remoteness;
misfeasance; economic loss; negligent misrepresentation; the
liability of public bodies; wrongful conception; nervous shock; the
defences of contributory negligence, voluntary assumption of risk,
and illegality; causation; and issues concerning proof, to show
that when the principles are applied and the idea of corrective
justice is properly understood then the law appears both systematic
and conceptually satisfactory. The upshot is a rediscovery of the
law of negligence.
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