Without the concept of duty, there is no liability law. Yet, the author demonstrates that although law reviews and other literature contain ample discussion of the legal duty in its various applications, little has been settled with regard the general concept of duty until recently. Professor Lake offers his own account of the concept of duty and offers a 50-state analysis of the general concept of duty, including key decisions that discuss the general concept of duty in negligence law. This article calls upon the American Law Institute to revise the topic of duty to reflect the consensus about its meaning in negligence law now forming among American courts.
Peter F. Lake,
Common Law Duty in Negligence Law: The Recent Consolidation of a Consensus on the Expansion of the Analysis of Duty and the New Conservation Liability Limiting Use of Policy Considerations,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss4/2