Private Law Theory

ABSTRACT
The use of a general framework in the determination of a duty of care has seemingly fallen out of favour with the UKSC’s decision in Robinson. Relying on the example of the Spandeck framework in Singapore jurisprudence, this piece makes the argument that such frameworks, being consistent with a relational conception of tort, can provide a useful means of determining whether a duty of care exists. In the process, this piece addresses some criticisms of the relational view and re-emphasises the important role the duty of care plays in the tort of negligence.

Soh, Kian Peng, Spandeck, A Relational View of the Duty of Care (February 12, 2021). Cambridge Law Review, volume VI, issue 1 (forthcoming).

First posted 2021-03-20 21:30:20