Tort and Contract

Robin Cooke “Tort and Contract” in PD Finn (ed) Essays on Contract (Law Book Company Ltd, Sydney, 1987) 222

Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 46/2016

12 Pages Posted: 11 Apr 2013 Last revised: 8 Sep 2016

See all articles by Robin Cooke (1926-2006)

Robin Cooke (1926-2006)

Victoria University of Wellington - Faculty of Law

Date Written: 1987

Abstract

In this article, Sir Robin argues for the recognition of duties of reasonable care as a separate category of liability in law. In working out the nature of such duties, Sir Robin posits that it may be more fruitful to think in terms of the liability that should be borne by the person who breaches such a duty, rather than to begin with assessing whether the particular duty happens to originate in contract, tort or otherwise. He argues that an approach to negligence as a major legal compartment of its own would avoid certain conceptual difficulties, such as having to justify differences in the measure or recoverability of damages according to how the action is framed. –Abstract by Elizabeth Chan

Keywords: Lord Cooke, duty of care, negligence, liability in negligence, tort, contract, damages, cause of action, reasonable care

JEL Classification: K10, K13

Suggested Citation

Cooke, Robin, Tort and Contract (1987). Robin Cooke “Tort and Contract” in PD Finn (ed) Essays on Contract (Law Book Company Ltd, Sydney, 1987) 222, Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 46/2016, Available at SSRN: https://ssrn.com/abstract=2247345

Robin Cooke (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

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