Chapter 3: The concept of ‘reasonable care’ on unstable hillsides

1992 ◽  
pp. 23-28
Author(s):  
Robert B. Olshansky ◽  
J. David Rogers
Keyword(s):  
Reasonable Care

Directors’ Duties

2018 ◽  
Author(s):  
Victor Joffe QC ◽  
David Drake ◽  
Giles Richardson ◽  
Daniel Lightman QC ◽  
Timothy Collingwood
Keyword(s):  
Common Law ◽  
Corporate Law ◽  
Legal Analysis ◽  
Legal Personality ◽  
Reasonable Care ◽  
A Company ◽  
Normative Role

The general duties imposed upon directors are the corollary of their powers; they spring from the directors’ functional and normative role in conducting the company’s affairs and affecting its legal relations. Corporate law and the constitution of the company repose in them powers to act, within certain bounds, in the company’s name. And in doing so, they necessarily affect all those interested in the company’s fortunes: most fundamentally, its members. The separate legal personality afforded to a company serves, for the purposes of legal analysis, as a nexus for its members’ interests, and makes it possible to describe directors in the exercise of their powers as agents for the company. These tenets explain the origin of some of the basic duties that apply to directors in relation to the exercise of their functions: to promote the interests of the company; to exercise reasonable care, skill, and diligence; not to exceed the limits of their powers; not to profit from their position; and not to place themselves in positions where their own interests or other duties conflict with their duties to the company. In doing so, they draw on equitable and common law principles of wider application, to agents, trustees, partners, and professionals.

Negligence

2019 ◽  
pp. 427-450
Author(s):  
John Baker
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
General Principle ◽  
Duty Of Care ◽  
Reasonable Care ◽  
History Of

This chapter traces the history of negligence in tort. The role of fault in the action of trespass vi et armis is somewhat speculative, since the relevant facts were hidden from courts by the plea of Not Guilty. But the concept of inevitable accident seems to be predicated on negligence. Negligence is more visible in actions on the case, though the earliest examples were contractual in essence. The first signs of a distinct tort of negligence, where there was no contract or custom imposing liability, appear in the seventeenth century, and in the next century there emerges a general principle that everyone must take reasonable care not to injure his neighbour. The duty of care was gradually enlarged between the eighteenth century and the present, especially with the removal of obstacles connected with the principle volenti non fit injuria and with the old notion that trespass would not lie for words.

11. The Tortious Liability of Businesses in Negligence and Nuisance

Business Law ◽  
2020 ◽  
pp. 269-299
Author(s):  
James Marson ◽  
Katy Ferris
Keyword(s):  
General Public ◽  
Civil Law ◽  
Personal Injury ◽  
Reasonable Care ◽  
Public Nuisance ◽  
Private And Public

This chapter first discusses one of the most important torts—negligence—which may be commonly seen in instances of personal injury. This is followed by a discussion on acts of private and public nuisance. Torts law is particularly relevant to businesses as they need to be aware of the extent of their potential liabilities to workers, visitors to business premises, other businesses, and to the general public. This extends to ensuring that safe systems of work exist and appropriate insurance is maintained. Contrary to civil law, torts law imposes obligations on parties who wish to undertake duties freely and agree to be legally bound via contracts without, necessarily, prior agreement. The duty is to take reasonable care and not intentionally or negligently cause harm or damage.

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