The duty of care as a tool to keep tort liability under control
The duty of care as a tool to keep tort liability under control

Author(s): Silvia Tsoneva
Subject(s): Civil Law, Philosophy of Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: care; tort law; wrongfulness; duty of care
Summary/Abstract: The concept of care in tort law serves as an important device to control liability for civil wrongs. The paper examines the issues of caring for others and taking care not to harm them from the perspective and in the narrative of tort law, with an emphasis on the terms ‘wrongfulness’ and ‘duty of care’. It presents the concept of care as a tool used in controversial cases of tort liability and shows its influence on shaping the standards of acceptable behaviour when living in community with others. The author seeks to demonstrate how care, the lack of which lies at the heart of the breach of the duty of care and fault, affects the modern understanding of justice.

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