Once more into the mire, dear friends : determining the existence of a duty of care in negligence

Butler, Des (2000) Once more into the mire, dear friends : determining the existence of a duty of care in negligence. National Law Review, 3.


There were signs in the 1997 High Court decision in Hill v Van Erp that the different members of the bench were beginning to move in the same direction when it came to the tort equivalent of the search for the Holy Grail, a common approach to the determination of the existence of a duty of care in negligence. However, the court's subsequent decision in Perre v Apand signaled a slide back to uncertainty with the seven judges favouring five different approaches. This Note examines those five approaches in the search for guidance for those at the "coalface" - litigants, their legal advisers and trial judges.

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ID Code: 78698
Item Type: Journal Article
Refereed: Yes
Additional URLs:
Keywords: Negligence, Duty of care, Pure economic loss
ISSN: 1329-5292
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2000 [please consult the author]
Deposited On: 16 Nov 2014 23:18
Last Modified: 16 Nov 2014 23:18

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