The Duty Problem in Negligence Cases, 28 Columbia Law Review 1014 (1928)
The undertaking to restate the rules and principles developed by the
English and American courts finds'in the field of torts a most hopeless
task. A loose classification permits an infinite variety of types of conduct
to be classed as torts. The rules, for most part, which govern these
cases are still liquid. Only the types of conduct which are also designated
crimes can be said to be subject to crystallized rules of tort law. Even
here the definiteness and certainty ordinarily assumed are illusory. If
this bulk of law has not yet been crystallized by the judicial process.
in what manner can legal scholars speed up the process? And what
is more, where are the stabilizing factors to be found?
Date of Authorship for this Version
tort, negligence, courts
Green, Leon, "The Duty Problem in Negligence Cases" (1928). Faculty Scholarship Series. Paper 4454.