1. Christian Witting (2005). Duty of Care: An Analytical Approach. Oxford Journal of Legal Studies 25 (1):33-63.
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  2. Christian Witting (2001). National Health Service Rationing: Implications for the Standard of Care in Negligence. Oxford Journal of Legal Studies 21 (3):443-471.
    In this paper it is argued that courts must, where appropriate, take into account the fact that National Health Service hospitals are under‐funded when they determine the standard of care owed by such hospitals and their professional staff to patients. Although this suggestion is inconsistent with the traditional view of the courts, its adoption would bring negligence cases into harmony with judicial review decisions. It would also cohere with a new understanding of accident causation within complex organisations, which suggests that (...)
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  3. Christian Witting (2000). Justifying Liability to Third Parties for Negligent Misstatements. Oxford Journal of Legal Studies 20 (4):615-643.
    The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or «mutuality») between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon (...)
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