Negligence and utility. (2nd January 2017)

• Record Type: Journal Article
• Authors: Beever, Allan
• Is Part Of: Oxford University commonwealth law journal. Volume 17:Number 1(2017)
• Page Start: 85
• Page End: 109
• Publication Date: 2017-01-02
• Subjects: Tort -- negligence -- utility -- standard of care -- justice; Law -- Commonwealth countries -- Periodicals; Law -- Periodicals; 349.11241
• DOI: 10.1080/14729342.2017.1311513
• Languages: English
• ISSNs: 1757-8469

Abstract

ABSTRACT: This article examines the claim that assessment of the standard of care in the law of negligence utilises and must utilise considerations of utility. It argues that this position is mistaken. It also maintains that cases frequently thought to support this view do not do so. The article also examines the justice of appeals to utility in the relevant cases and examines the appropriate way to deal with emergency situations.