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
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: Suggested Citation