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Breach of duty: a disappearing element of the action in negligence?

Abstract:

All causes of action in tort, like all causes of action generally, are constituted by elements or ingredients. It is often the case that these elements are not crisply separated from each other. That is certainly so in relation to the cause of action in negligence, it having regularly been pointed out that none of its elements is self-contained. Denning L.J. took that view further than most. In Roe v Minister of Health [1954] 2 Q.B. 66, 86, he asserted: “you will find that the three questions...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1017/S0008197317000721

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Department:
Keble College
Publisher:
Cambridge University Press Publisher's website
Journal:
Cambridge Law Journal Journal website
Volume:
76
Issue:
3
Pages:
480-483
Publication date:
2017-11-17
Acceptance date:
2017-08-03
DOI:
EISSN:
1469-2139
ISSN:
0008-1973
Pubs id:
pubs:710265
URN:
uri:5d2c1d37-cba7-4992-b0d0-1c292634fa3f
UUID:
uuid:5d2c1d37-cba7-4992-b0d0-1c292634fa3f
Local pid:
pubs:710265

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