Fri, 16 Jun 2006 08:54:17 -0400
Do duties of care ever die?
really, if we still adhere to the traditional common law explanation
for the meaning of changes in the law - there they are Platonic
forms in the sense I think you mean. Under that explanation (discarded
as fairy tale - even by the House of Lord: the SCC hasn't yet decided
the point) the duty never existed if the decision asserting its
existence is subsequently overruled. We can be cute and say what
"died" was the mistaken belief in the duty; but it's still
you know, in constitutional matters, we have decisions affirming
the validity of certain acts done in the past even though, subsequently,
the legislation which is the foundation for their validity is declared
unconstitutional and to have always been unconstitutional.
the issue we're almost discussing in part underlies the prospective
- nice car - dare I ask how many kilometres per litre? Or, is this
a form of a "if you need to know, you don't want to know"
From: David Wingfield
Sent: June 16, 2006 8:41 AM
Subject: Re: ODG: Do duties of care ever die?
of care are matters of law. They are not Platonic forms. Whether
a duty was owed and whether it was breached is determined at the
time the claim is being resolved by applying the law as it then
is interpreted to the historical facts. The law can change. Frequently
law suits revolve around contestable points of law (eg Childs).
One side or another wins the debate. That disposes of things. I
therefore don't see the problem with or the reason for debating
"dying" duties of care.
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