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Irish Evolution of the Duty of Care

  • 23-10-2011 9:57pm
    #1
    fufureida
    Registered Users, Registered Users 2 Posts: 716 ✭✭✭


    Im a 1st year law student and I'm finding this topic in my Tort Law class very hard to understand. I have read the notes my lecturer has provided me and a chapter on this in John Healy's book but I'm still having some trouble getting the grips of it. I just don't understand it very well... can anyone help me out? Was incremental development something that took time to be implemented in ireland?Ugh I feel so stupid I just don't understand it whatsoever and Im gonna try to talk to me lecturer about it too but if anyone can help me out it would be great...


Comments

  • #2
    Avatargh
    Registered Users, Registered Users 2 Posts: 191 ✭✭Avatargh


    fufureida wrote: »
    Im a 1st year law student and I'm finding this topic in my Tort Law class very hard to understand. I have read the notes my lecturer has provided me and a chapter on this in John Healy's book but I'm still having some trouble getting the grips of it. I just don't understand it very well... can anyone help me out? Was incremental development something that took time to be implemented in ireland?Ugh I feel so stupid I just don't understand it whatsoever and Im gonna try to talk to me lecturer about it too but if anyone can help me out it would be great...

    Have you read the cases?


  • #3
    fufureida
    Registered Users, Registered Users 2 Posts: 716 ✭✭✭fufureida


    Yes I have read Glencar and I'm working my way backwards, but still, finding the whole thing wishy washy... or maybe Im just stupid?


  • #4
    Avatargh
    Registered Users, Registered Users 2 Posts: 191 ✭✭Avatargh


    fufureida wrote: »
    Yes I have read Glencar and I'm working my way backwards, but still, finding the whole thing wishy washy... or maybe Im just stupid?

    Not at all, but to understand things like this, you really have to either (a) absorb textbooks amazingly well or (b) read the cases.

    The point here is that some take the view that the English courts were more happy to develop the law pertaining to the duty of care in large "leaps", with relatively "big deals" happening every now and then. That is usually contrasetd with (certainly pre Glencar) how in Ireland we didn't seem to have "leaps" such as Anns or cases developing particular rules as to how the duty of care could be established. It's something you'll appreciate if you read the cases in Ireland and England, starting at the start (rather than at the end!).


  • #5
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    You can get a feel for development of the law on any topic by reading the cases.

    Glencar is a good example. Expertly an throughly argued in written and verbal submissions by Ml Forde and Mr Reilly for Defendant and Paul Sreenan and Rory Brady before Peter Kelly in High COurt and later in the Supreme Court. Scholarly judgements by Ronan Keane and Nialll Fennelly.

    You could then review some of the cases mentioned in the judgement.

    Make up your own notes - about one typed page on each relevant judgement.

    I know there is probably someone around who will give out some notes on the topic - but you are better off doing your own work.


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