Content of a legal duty Flashcards
1
Q
If we are to say that wrongfulness is determined using concept of a legal duty, what is the content of a legal duty?
A
This is set out in Trustees Two Oceans Aquarium:
“perhaps it would have been better in the context of wrongfulness to have referred to a legal duty not to be negligent”
“(subsequent judgement) where breach of a legal duty renders negligent conduct wrongful, the duty is a duty to act without negligence”
“where there is a breach of a legal duty to act without negligence it will render negligent conduct wrongful” thus negligence renders negligent conduct wrongful.
Illogical, enquiring into negligence under wrongfulness.
