‘Mission Creep: Begum v Maran (UK) Ltd and the Duty of Care’

“‘That the tort of negligence is a mess goes almost without saying.’ So said David Ibbetson in ‘How the Romans Did for Us: Ancient Roots of the Tort of Negligence’ (2003) 26 University of New South Wales Law Journal 475. As James Plunkett put it in The Duty of Care in Negligence (Hart Publishing, 2018), p 76: ‘Since Donoghue v Stevenson was handed down in 1932, the courts have endured a continual struggle in their attempts to articulate a precise formula that can be used to determine when a duty of care does or does not exist …’” (more)

[Thomas Herbert, Ropewalk Chambers, 24 June]

First posted 2021-06-25 08:00:25

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