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Please use this identifier to cite or link to this item: http://hdl.handle.net/2381/27596

Title: Confusion, Contradiction and Chaos within the House of Lords post Caparo v Dickman
Authors: Hartshorne, John
Issue Date: 2008
Publisher: Thomson Reuters
Citation: Tort Law Review, 2008, 16 (1), pp. 8-22
Abstract: This article seeks to demonstrate how decisions of the House of Lords upon duty of care in negligence following Caparo Industries plc v Dickman [1990] 2 AC 605 have introduced confusion into the law and created avoidable difficulties for those who must apply them. It describes the varying concepts which have been adopted by their Lordships when analysing whether to create new duties of care, and explores the extent to which these concepts are intelligible. It draws attention to the contradictory reasoning adopted by their Lordships, which has contributed to general erosion in the integrity of their judgments. It is contended that the making of just decisions and the creation of clear laws are not necessarily mutually incompatible objectives.
ISSN: 1039-3285
Links: http://www.thomsonreuters.com.au/tort-law-review-o(...)
http://hdl.handle.net/2381/27596
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: © Lawbook Co. Deposited with reference to the publisher’s archiving policy available on the SHERPA/RoMEO website.
Description: This is an electronic version of an article first published in Tort Law Review, 2008, 16 (1), pp. 8-22. Tort Law Review is available online at; http://www.thomsonreuters.com.au/tort-law-review-online/productdetail/97195.
Appears in Collections:Published Articles, School of Law

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