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  NSWCA 306
33 Pages Posted: 26 Feb 2016
Date Written: 2004
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: Suggested Citation