Private Law Theory

The idea that the duty of care concept, which underpins the Scots and English law of negligence alike, is superfluous has a long pedigree. Already in 1935, WW Buckland had described it, in words that have remained famous, as ‘the fifth wheel on the coach’. In a recent article on ‘Deconstructing the Duty of Care’ (129 LQR 559), Donal Nolan has argued anew that ‘the disparate issues currently subsumed under the duty umbrella [should be] separated out and reclassified under the other components of the negligence enquiry’, namely fault, damage, causation, remoteness and defences. The Edinburgh Centre for Private Law invites you to a workshop where the author will engage with some critics and the participants on the desirability and feasibility of such a process (more, registration).

Speakers:

– Prof John Blackie (Strathclyde)

– Dr Eric Descheemaeker (Edinburgh)

– Prof François du Bois (Leicester)

– Prof Donal Nolan (Oxford)

– Prof Christian Witting (Exeter)

First posted 2015-01-06 14:43:47