Once more into the mire, dear friends : determining the existence of a duty of care in negligence

There were signs in the 1997 High Court decision in Hill v Van Erp that the different members of the bench were beginning to move in the same direction when it came to the tort equivalent of the search for the Holy Grail, a common approach to the determination of the existence of a duty of care in negligence. However, the court's subsequent decision in Perre v Apand signaled a slide back to uncertainty with the seven judges favouring five different approaches. This Note examines those five approaches in the search for guidance for those at the "coalface" - litigants, their legal advisers and trial judges.

Navigating the methodological mire : practical epistemology in design research

The field of design research is a marketplace of methodological diversity. It isn't just that there are many different research methods in the field, but that there are many different methodological 'foundations' - principles for how research can and should be done, for how contributions to knowledge ought to be pursued. This is not particularly surprising given how broadly 'design' is often conceptualised. Herbert Simon (1996) suggested "the proper study of mankind is the science of design"; Nigel Cross has identified a principal difference between humankind and the animal kingdom to be our ability to design. In light of such encompassing notions of design it is difficult to imagine how the field of design research should exhibit any less diversity than that found within and among the arts, humanities, the human and social sciences.