LEADER 04006nam 22006371c 450 001 9910455296803321 005 20211005032128.0 010 $a1-84731-699-9 010 $a1-4725-6008-6 010 $a1-282-30490-9 010 $a9786612304903 010 $a1-84731-501-1 024 7 $a10.5040/9781472560087 035 $a(CKB)1000000000799935 035 $a(EBL)479805 035 $a(OCoLC)496273579 035 $a(SSID)ssj0000342226 035 $a(PQKBManifestationID)12132124 035 $a(PQKBTitleCode)TC0000342226 035 $a(PQKBWorkID)10285210 035 $a(PQKB)10879272 035 $a(MiAaPQ)EBC1772898 035 $a(MiAaPQ)EBC479805 035 $a(UtOrBLW)bpp09256062 035 $a(MiAaPQ)EBC6165392 035 $a(Au-PeEL)EBL479805 035 $a(EXLCZ)991000000000799935 100 $a20140929d2007 uy 0 101 0 $aeng 135 $aur|n|---||||| 181 $ctxt 182 $cc 183 $acr 200 10$aRediscovering the law of negligence $fAllan Beever 205 $a1st ed. 210 1$aOxford $aPortland, Oregon $cHart Publishing $d2007. 215 $a1 online resource (562 p.) 300 $aDescription based upon print version of record. 311 $a1-84113-975-0 311 $a1-84113-686-7 320 $aIncludes bibliographical references (pages 517-526) and index 327 $a1. Introduction -- 2. Corrective Justice, Negligence and Tort Law -- 3. The Standard of Care -- 4. Duty and Remoteness -- 5. Modern Approaches to the Duty of Care -- 6. Misfeasance, Nonfeasance and the Rights Base of the Law of Negligence -- 7. Economic Loss -- 8. Negligent Misrepresentation and Assumption of Responsibility -- 9. Nonfeasance and the Liability of Public Bodies -- 10. Defences -- 11. Wrongful Birth, Wrongful Conception and Nervous Shock -- 12. Causation -- 13. Proof and Uncertainty -- 14. Conclusion 330 8 $aRediscovering 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 606 $aNegligence 606 $2Company law 608 $aElectronic books. 615 0$aNegligence. 676 $a346.032 700 $aBeever$b Allan$01051065 801 0$bUtOrBLW 801 1$bUtOrBLW 801 2$bUkLoBP 906 $aBOOK 912 $a9910455296803321 996 $aRediscovering the law of negligence$92481322 997 $aUNINA