" When the process of law draw a line to mark your bounds of duty, they actually it as being a matter of plan so as to limit the responsibility from the defendant”.
Discuss the above task, with reference to in least three cases.
'Policy' usually involves the consideration that no individual or federal government official may legally carry out an take action that hopes to harm the public, or perhaps their hobbies. In the esteem of the process of law, it targets the idea that idol judges use their very own discretion to direct a judgement towards one that the public would generally favour. Pursuing the judgment of Caparo v Dickman1, policy is also accepted as what is 'fair, merely and reasonable' rather than merely focusing on questions of distance and forseeability in order to draw out range of obligation. Thus, insurance plan can be used to limit the defendant's responsibility resulting in floodgates final and pointless litigation being minimised.
The courts are seen to adopt plan in Nettleship v Weston 2 where the defendant, Mrs Weston, an inexperienced learner drivers, lost control and caused an accident doing harm to the individual. Lord Denning MR mentioned that the standard of maintain a novice driver could be the same as the most common standard that fully competent drivers were hosted to, since it is in the community interest to ensure all motorists are organised liable. Further, a policy concern that was taken into account when making this decision was that the defendant was covered by insurance, meaning that the danger would land on her. This is seen as fair, just and reasonable because the harmed person can recover ruined from the insurance plan, however the damages were subject to deduction as a result of contributory neglect which limited the responsibility in the defendant.
The range of duty of attention also enter into controversial question where public authorities are concerned such as the law enforcement. Hill v Chief Policier of West Yorkshire3 observed the mom of a victim of the notorious Yorkshire Ripper claim that the...