Duty of care under the 'Civil Liability Acts'

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Abstract

The legislative changes to the law of torts effected by the ’Civil Liability Acts’ in all jurisdictions are wide-ranging. One aspect of these changes is the creation of new 'no-duty' situations: particular classes of defendants have been exempted from liability and particular classes of plaintiffs have been disentitled from bringing claims for some or aft of the damage incurred by them as a result of defendants’ negligent conduct. This article considers the general effect of the relevant provisions in each jurisdiction and highlights the considerable and often legally significant differences that exist between the various jurisdictions in relation to these ’no-duty’ categories. Some of these differences are as a result of deliberate policy decisions; others, it appears, are the result of poor legal drafting. The article concludes that many of the legislative changes may have far-reaching and potentially unforeseen and harsh consequences.
Original languageEnglish
Pages (from-to)17-40
Number of pages24
JournalTorts Law Journal
Volume13
Issue number1
Publication statusPublished - 2005
Externally publishedYes

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title = "Duty of care under the 'Civil Liability Acts'",
abstract = "The legislative changes to the law of torts effected by the ’Civil Liability Acts’ in all jurisdictions are wide-ranging. One aspect of these changes is the creation of new 'no-duty' situations: particular classes of defendants have been exempted from liability and particular classes of plaintiffs have been disentitled from bringing claims for some or aft of the damage incurred by them as a result of defendants’ negligent conduct. This article considers the general effect of the relevant provisions in each jurisdiction and highlights the considerable and often legally significant differences that exist between the various jurisdictions in relation to these ’no-duty’ categories. Some of these differences are as a result of deliberate policy decisions; others, it appears, are the result of poor legal drafting. The article concludes that many of the legislative changes may have far-reaching and potentially unforeseen and harsh consequences.",
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volume = "13",
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Duty of care under the 'Civil Liability Acts'. / Dietrich, Joachim.

In: Torts Law Journal, Vol. 13, No. 1, 2005, p. 17-40.

Research output: Contribution to journalArticleResearchpeer-review

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AB - The legislative changes to the law of torts effected by the ’Civil Liability Acts’ in all jurisdictions are wide-ranging. One aspect of these changes is the creation of new 'no-duty' situations: particular classes of defendants have been exempted from liability and particular classes of plaintiffs have been disentitled from bringing claims for some or aft of the damage incurred by them as a result of defendants’ negligent conduct. This article considers the general effect of the relevant provisions in each jurisdiction and highlights the considerable and often legally significant differences that exist between the various jurisdictions in relation to these ’no-duty’ categories. Some of these differences are as a result of deliberate policy decisions; others, it appears, are the result of poor legal drafting. The article concludes that many of the legislative changes may have far-reaching and potentially unforeseen and harsh consequences.

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