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- Title
THE IDENTITY CRITERION: RESUSCITATING A CARDOZIAN, RELATIONAL APPROACH TO DUTY OF CARE IN NEGLIGENCE.
- Authors
Kaye, Tim
- Abstract
The article focuses on identity criterion and relational approach to duty of care in negligence. It mentions decision of the New York Court of Appeals in the case Palsgraf v. Long Island Railroad Co. which considered the victim's identity to be the key to relationality. It also mentions underlying moral justification for the use of relationality to determine duty and corrective justice theory and civil recourse theory have focused exclusively on the bipolar relationship.
- Subjects
CRITERION (Theory of knowledge); REASONABLE care (Law); NEGLIGENCE; LONG Island Railroad Co.; CORRECTIVE justice
- Publication
Hofstra Law Review, 2021, Vol 49, Issue 4, p945
- ISSN
0091-4029
- Publication type
Article