2. Negligence: duty of care

2019 ◽  
pp. 10-20
Author(s):  
Carol Brennan

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the twentieth century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.

Author(s):  
Carol Brennan

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the twentieth century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.


2021 ◽  
pp. 11-21
Author(s):  
Carol Brennan

This chapter discusses law on duty of care. Duty is the first element in the ‘negligence equation’ and the primary means of limiting liability in negligence. It begins with the fundamental ‘neighbour principle’ of Donoghue v Stevenson and charts its evolution throughout the 20th century. The current ingredients of the test for determining duty of care in novel situations are: foreseeability; proximity; and fairness, justice, and reasonableness. This is the ‘three-stage’ test set out in Caparo v Dickman (1990), used in novel situations. Policy is a major influence on the development of duty in negligence.


2009 ◽  
Vol 89 ◽  
pp. 365-387 ◽  
Author(s):  
S D Church

AbstractThe medieval history of the celebrated tomb of King John at Worcester is now well known. The works of Charles Alfred Stothard at the beginning of the nineteenth century, of William St John Hope in the early years of the twentieth century, and that of Jane Martindale at the end of that century, are highlights along the road of our understanding of the royal effigy in its medieval context. But all the while this work of comprehension was going on, those who had a duty of care over the tomb were engaged in a battle to offload that responsibility. The authorities at Worcester were not alone in wondering who should carry the burden of caring for royal monuments in English cathedrals. As early as 1841, the question of the care of royal tombs in Westminster Abbey had come under Parliamentary scrutiny. The deans and chapters at Canterbury and at Gloucester also sought government subvention for the care of the royal tombs in their cathedrals. The history of this debate about the care of royal sepulchral monuments forms the wider framework for the main theme of this article, which is an examination in detail of the ways in which King John’s tomb at Worcester was treated between 1872 and 1930. It reveals a remarkable story in which a catalogue of disastrous decisions came to give us the tomb and effigy as we have them today. The article concludes with a short discussion of the introduction of the 1990 Care of Cathedrals Measure which established the structures that currently exist (with subsequent amendments) for the preservation of Anglican cathedral churches in use.


2009 ◽  
Vol 28 (1) ◽  
pp. 91-93
Author(s):  
Daniela N. Schmidt ◽  
Jeremy R. Young ◽  
Shirley Van Heck ◽  
Jackie Lees

Abstract. INTRODUCTIONThe Brady Medal, the highest award of The Micropalaeontological Society, is given to scientists who have had a major influence on micropalaeontology by means of a substantial body of excellent research and additionally service to the scientific community. It is named in honour of the brothers George and Henry Brady, pioneers of foraminiferal and ostracod research, respectively, both of whose work included landmark studies of material from the Challenger expedition. If the Challenger revolutionized nineteenth century oceanography, then the Glomar Challenger and the Deep Sea Drilling Project (DSDP) did the same for twentieth century micropalaeontology and palaeoceanography. So, it is fitting that the second Brady medal should go to one of the great contributors to DSDP microfossil studies, Katharina von Salis Perch-Nielsen.To use the words of her mother, Katharina is ‘curious, logical, inventive and rebellious, with an extreme sense for justice’. As a researcher, she made outstanding contributions to nannofossil taxonomy, biostratigraphy and palaeobiology. She both carried out an immense body of primary research and synthesized her encyclopaedic knowledge of nannofossils in a series of seminal syntheses, which have provided the basis for subsequent research. Moreover, she played a unique role in encouraging, supporting and facilitating micropalaeontological research and researchers.EARLY STUDIESKatharina was born in 1940 in Zurich, and was brought up there and in Soglio in Graubünden, a high-Alpine municipality in southeastern Switzerland, and commune of origin of the distinguished von Salis family. Her own branch of the family was characterized by strong women – her grandmother . . .


Author(s):  
Tad Brennan

Plato thought that in addition to the changeable, extended bodies we perceive around us, there are also unchangeable, extensionless entities, not perceptible by the senses, that structure the world and our knowledge of it. He called such an entity a ‘Form’ (eidos) or ‘Idea’ (idea), or referred to it by such phrases as ‘the such-and-such itself’. Thus in addition to individual beautiful people and things, there is also the Form of Beauty, or the Beautiful Itself. It may be speculated that Plato’s Presocratic predecessors gave some impetus to this theory. It is a certainty that Socrates was the major influence on it, through his search for the definitions of ethical terms. The features that a definition must have in order to satisfy Socrates’ criteria of adequacy foreshadow the features that Forms have in Plato’s theory. Beginning with his Meno, Plato turned his attention to the presuppositions of Socrates’ investigation, and the preconditions of its possibility: what has to be true about virtue, knowledge and our souls if Socratic cross-examination is to have any hope of success? He answers these questions with a set of doctrines – the existence of Forms, the soul’s immortality and its knowledge of Forms through recollection – which are then developed and displayed in the great dialogues of his middle period, the Phaedo, Symposium, Phaedrus and Republic. Not all of Plato’s thoughts on Forms are on display in the middle-period theory, but this is the theory of Forms that has been far and away the most influential historically, and the one that is most commonly intended when people refer to ‘Plato’s Forms’. The dialogues of Plato’s later period present a number of puzzles. That his views developed will be agreed by all: in the Sophist, Statesman and Philebus Plato is clearly pushing his metaphysical investigations in new directions. What is less clear is the degree of continuity or rupture between old and new – the Parmenides has sometimes been taken to signal Plato’s wholesale rejection of the middle-period theory, whereas the Timaeus seems to confirm his endorsement of it. Further complicating matters, Aristotle reports that Plato in his last period based the Forms somehow on numbers. The reported material is obscure in itself and also hard to integrate with any of the material from Plato’s dialogues. Much of our current understanding of Plato’s middle-period theory comes from a group of arguments that advert to differences between Forms and sensible objects or properties. These arguments tend to support Aristotle’s report that the theory arose from a collision between Socrates’ views on definition and Heraclitean views on flux. The general form of the argument claims that definitions, or knowledge, require the existence of a class of entities with certain features, and that sensibles lack those features. It concludes that there exists a class of entities distinct from the familiar sensibles, namely the Forms. But as often in historical studies, the arguments themselves are silent or ambiguous on many of the points that critics most wish to determine: whether Plato thought Forms exist separately from particulars, whether he treated them as Aristotelian substances, whether it is possible to have knowledge of sensible objects, whether Plato came to reject the middle-period theory, and so on. For the second half of the twentieth century, the tendency was for interpreters to settle the remaining interpretative issues by ascribing to Plato their own philosophical preferences, justifying this by appeal to ‘interpretative charity’. The practice of basing interpretations of Plato’s Forms solely on a handful of arguments was a mistake; the increasing tendency to broaden the evidentiary base is a salutary development. Where the interpretation of an argument has left a question unresolved, the consideration of Plato’s myths and metaphors may sometimes lend strong weight to one side or the other. An example: Plato’s depictions of particulars make it highly implausible that the ‘imperfection’ in particulars to which some arguments advert is merely the compresence of opposites. Most of Plato’s successors in the early Academy kept up the Forms. Aristotle’s writing are full of references to them, and they left visible imprints on his own theory. The Hellenistic period witnessed a blanket rejection of all immaterial entities, but even here the influence of the Forms can still be discerned around the edges. The revival of Platonism at the end of the Hellenistic period saw Forms returned to philosophical respectability.


Throughout the twentieth century, folk music has had many definitions and incarnations in the United States and Great Britain. The public has been most aware of its commercial substance and appeal, with the focus on recording artists and their repertoires, but there has been so much more, including a political agenda, folklore theories, grassroots styles, regional promoters, and discussions on what musical forms—blues, hillbilly, gospel, Anglo-Saxon, pop, singer-songwriters, instrumental and/or vocal, international—should be included. These contrasting and conflicting interpretations were particularly evident during the 1950s. This chapter begins by focusing on Alan Lomax (1915–2002), one of the most active folk music collectors, radio promoters, and organizers during the 1940s. Lomax had a major influence on folk music in both the United States and Great Britain, tying together what had come before and what would follow. The chapter then discusses folk festivals and performers; British folk music, musicians, and trans-Atlantic musical connections; and Carl Sandburg's publication of the The American Songbag in 1927.


2013 ◽  
Vol 6 (2) ◽  
pp. 194-212
Author(s):  
Rehnuma Sazzad

Mahfouz is generally known as a master ‘storyteller’ of Cairo. However, he can also be read as a great resistance writer, if we depend on Edward Said’s idea of the oppositional intellectual as a humanist writer who uncompromisingly unmasks the workings of power in society. I argue that a remarkable humanism works at the heart of Mahfouz’s adversarial project by reading The Cairo Trilogy as a counter-hegemonic piece, rather than only as a familial tale that mirrors early twentieth-century Egypt. Since Mahfouz remains obsessed with the presence of power in human life, his central struggle is to demystify the hegemonies related to race, gender, class, religion and success in order to de-effectuate them from a deeply humane perspective and assert his intellectual freedom through the process. We need the Saidian framework to comprehend the well-established analyses of Mahfouz’s works in a new light and realize that his writing is no mere rumination on Egypt’s sociopolitical situation. Rather, it is his primary means of obstructing power through revealing its ways in his society.


Author(s):  
Gary Saul Morson

Dostoevskii, regarded as one of the world’s greatest novelists, is especially well known for his mastery of philosophical or ideological fiction. In his works, characters espouse intriguing ideas about theology, morality and psychology. Plots are shaped by conflicts of ideas and by the interaction of theories with the psychology of the people who espouse them. Indeed, Dostoevskii is usually considered one of the greatest psychologists in the history of Western thought, not only because of the accounts of the mind his characters and narrators elucidate in detail, but also because of the peculiar behaviour betraying the depths of their souls. Dostoevskii is particularly well known for his description of the irrational in its many modes. Deeply engaged with the political and social problems of his day, Dostoevskii brought his understanding of individual and social psychology to bear on contemporary issues and gave them a lasting relevance. His predictions about the likely consequences of influential ideas, such as communism and the social theory of crime, have proven astonishingly accurate; he has often been regarded as something of a prophet of the twentieth century. His reputation rests primarily on four long philosophical novels – Prestuplenie i nakazanie (Crime and Punishment) (1866), Idiot (The Idiot) (1868–9), Besy (The Possessed, also known as The Devils) (1871–2) and Brat’ia Karamazovy (The Brothers Karamazov) (1879–80) – and on one novella, Zapiski iz podpol’ia (Notes From Underground) (1864). In his day, Dostoevskii was as famous for his journalistic writing as for his fiction, and a few of his articles have remained classics, including ‘Mr. D–bov and the Question of Art’ (1861) – a critique of utilitarian aesthetics – and ‘Environment’ (1873). Dostoevskii’s works have had major influence on Western and Russian philosophy. In Russia, his novels inspired numerous religious thinkers, including Sergei Bulgakov and Nikolai Berdiaev; existentialists, such as Lev Shestov; and literary and ethical theorists, most notably Mikhail Bakhtin. In the West, his influence has also been great. Here, too, his writings are repeatedly cited (along with Kierkegaard’s) as founding works of existentialism. Perhaps because of a misreading, they influenced Freud and Freudianism. Directly and through the medium of Bakhtin, his ideas have played a role in the rethinking of mind and language. And his rejection of utopianism and socialism has been repeatedly cited in twentieth-century political debates and theories. Dostoevskii’s influence has been diverse and at times contradictory, in part because of the different genres in which his ideas are expressed. Not only the overall meanings of his novels but also the views of his characters, including those he meant to refute, have been attributed to him. Moreover, his essays sometimes express ideas at variance with his novels. Most recently, philosophical significance has been discovered not only in the content but also in the very form of his novels. Their odd plot structure has been shown to have implications for an understanding of authorship, responsibility and time.


2020 ◽  
pp. 80-105
Author(s):  
Carol Brennan ◽  
Vera Bermingham

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm—even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).


Author(s):  
Vera Bermingham ◽  
Carol Brennan

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In addition to duty of care and breach of that duty, the third essential element to bring a successful action in negligence is causation of damage. In other words, the claimant must prove on the balance of probabilities that the breach caused his damage. The defendant cannot be made liable for the harm suffered by the claimant if he is not responsible, or partly responsible, for such harm — even if he has been negligent. The question of causation can be divided into two issues: causation in fact and causation in law (also known as remoteness). The primary means of establishing factual causation is the ‘but for’ test. Reasonable foreseeability of damage of the relevant type (Wagon Mound) is required to establish that the claimant’s injury is not too remote. The chain of causation may be broken by unreasonable or unforeseeable acts or events (novus actus interveniens).


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