Professional negligence reconsidered
DeVries, Ubaldus R M Th (1996) Professional negligence reconsidered. PhD thesis, Dublin City University.
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This thesis examines the concept of professional
negligence. In doing so, it aims to find the distinguishing
factors that characterize professional negligence as
against other types of negligence. It seeks to emphasize
the functions, duties and activities of professional
people, rather than any examination of their status. The
thesis demonstrates that this concept is based on a "broadspectrum" duty of care with specific obligations,
particular to professional conduct.
Consequently, this thesis argues whether society is
looking at some change to the presumed responsibilities of
a particular socio-economic grouping in Ireland or whether
the law of tort merely seeks to accommodate technical and
other changes by imposing liability in different ways.
The thesis is arranged into three parts. In Part A,
the thesis examines the existing literature on professional
negligence to provide the context and background against
which it explores the characteristics of professional
negligence. It also justifies, in Chapter Three, what is
meant by "professions". It examines the nature and function
of professions and emphasizes, in particular, their
autonomous nature, and the demand of professional judgment.
In Part B the thesis examines the standard of care.
Chapter Four examines the tests as used in Ireland and
England Chapters Five and Six review the paramount Irish
and English cases dealing with the alleged negligence of,
m particular, medical practitioners and solicitors The
objective of Part B is the description of a model or
concept of professional negligence in Ireland.
Part C examines, in Chapter Eight, the nature of the
professional relationships underlying the interaction
between clinicians and their patients, solicitors and their
clients, and auditors and their companies for which they
fulfil the requisite statutory and other functions.
It also examines, m Chapter Nine, the imposition of
a duty of care towards third parties. This involves a
discussion of the development of negligence generally.
Finally, in Chapter Ten, the thesis examines recent
implications with regard to professional responsibility and
professional discretion in Ireland.
|Item Type:||Thesis (PhD)|
|Date of Award:||1996|
|Supervisor(s):||Tomkin, David N. |
|Uncontrolled Keywords:||Negligence Ireland; Professional negligence;|
|Subjects:||Social Sciences > Law|
|DCU Faculties and Centres:||DCU Faculties and Schools > DCU Business School|
|Use License:||This item is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 3.0 License. View License|
|Deposited On:||19 Jul 2013 14:49 by Celine Campbell. Last Modified 09 Oct 2013 14:55|
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