The Spurious Relationship between Moral Blameworthiness and Liability for Negligence

James Goudkamp, ‘The Spurious Relationship between Moral Blameworthiness and Liability for Negligence’ (2004) 28 Melbourne University Law Review pp.343–373 (cited in Bi (Contracting) Pty Ltd v the Public Trustee of South Australia Limited v the Public Trustee of South Australia [2005] NSWCA 306

33 Pages Posted: 26 Feb 2016

See all articles by James Goudkamp

James Goudkamp

University of Oxford - Faculty of Law

Date Written: 2004

Abstract

Traditional learning maintains that liability for negligence is ultimately premised on notions of moral blameworthiness. It is thought that the legal principles which define the scope of negligence loosely conform to such notions. This article challenges that view. While there is a certain amount of evidence which supports the conventional view it is argued that this evidence is eclipsed by many important instances where the tort of negligence is insensitive to considerations of moral blameworthiness.

Keywords: tort, negligence, moral luck, culpability, duty of care, remoteness, proportionality

JEL Classification: K13

Suggested Citation

Goudkamp, James, The Spurious Relationship between Moral Blameworthiness and Liability for Negligence (2004). James Goudkamp, ‘The Spurious Relationship between Moral Blameworthiness and Liability for Negligence’ (2004) 28 Melbourne University Law Review pp.343–373 (cited in Bi (Contracting) Pty Ltd v the Public Trustee of South Australia Limited v the Public Trustee of South Australia [2005] NSWCA 306 , Available at SSRN: https://ssrn.com/abstract=2737623

James Goudkamp (Contact Author)

University of Oxford - Faculty of Law ( email )

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