Duty to Protect, Duty to Control and the Duty to Warn

Canadian Bar Review, Vol. 82, No. 3, pp. 645-680, 2003

36 Pages Posted: 4 Apr 2006

See all articles by Margaret Isabel Hall

Margaret Isabel Hall

Thompson Rivers University - Faculty of Law

Abstract

In this article the author addresses the question of liability for failure to prevent the risk of injury to another. Unlike the civil law and the statutory law of the state of Vermont the common law has not developed a general duty to warn of a risk and thereby prevent harm. Where such an obligation has been imposed it is possible to characterise the cases as very fact-sensitive or as based on some specific relationship between the plaintiff and defendant. This essay presents the arguments for the acceptance of a generalised duty.

Keywords: tort, duty of care, affirmative duty, public authority liability, duty to protect, duty to control, duty to warn

JEL Classification: k00, k10, k19, k30, k31, k40, k42, k13

Suggested Citation

Hall, Margaret Isabel, Duty to Protect, Duty to Control and the Duty to Warn . Available at SSRN: https://ssrn.com/abstract=894325

Margaret Isabel Hall (Contact Author)

Thompson Rivers University - Faculty of Law ( email )

900 McGill Road
Kamloops, British Columbia
Canada
604 518 3136 (Phone)

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