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This book provides a lucid, critical account of when and why a person is under a legal duty to protect others from harm, and not merely a duty not to harm. It explains the legal principles that determine when both private individuals and public authorities will be subject to liability for failures to protect from harm.
Table des matières
- 1: Isolating the Distinction between Acts and Pure Omissions
- 2: Justifying a Distinction
- 3: Innocent Creation of Risk and Interference
- 4: Assumptions of Responsibility: Part 1- The Law
- 5: Assumptions of Responsibility: Part 2- Normative Issues
- 6: Control
- 7: Statute
- 8: Current Protection from a Risk
- 9: Easy Rescue
- 10: Public Authorities
- 11: Beyond Duty Issues: Breach, Causation, Remedies
- 12: Conclusion- Restating the Law on Pure Omissions
A propos de l'auteur
Sandy Steel is Professor of Law and Philosophy of Law at the University of Oxford, and Dr Lee Shau Kees Sir Man Kam Lo Fellow in Law at Wadham College, Oxford. He is also Visiting Professor of Law at the Notre Dame Law School (London). His work focuses on foundational issues in private law, including causation, omissions, the nature and role of fault, and the moral basis of remedial duties. His other books include Proof of Causation in Tort Law (CUP, 2015), and co-authored with Nick McBride, Great Debates in Jurisprudence (2nd edn, Palgrave, 2018).
Résumé
This book provides a lucid, critical account of when and why a person is under a legal duty to protect others from harm, and not merely a duty not to harm. It explains the legal principles that determine when both private individuals and public authorities will be subject to liability for failures to protect from harm.