The Duty Problem in Negligence Cases

Abstract

The undertaking to restate the rules and principles developed by theEnglish and American courts finds'in the field of torts a most hopelesstask. A loose classification permits an infinite variety of types of conductto be classed as torts. The rules, for most part, which govern thesecases are still liquid. Only the types of conduct which are also designatedcrimes can be said to be subject to crystallized rules of tort law. Evenhere the definiteness and certainty ordinarily assumed are illusory. Ifthis bulk of law has not yet been crystallized by the judicial process.in what manner can legal scholars speed up the process? And whatis more, where are the stabilizing factors to be found?

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