Dangers Of Compliance

Decent Essays
Nolan demonstrates the dangers of adopting policy considerations when the area of negligence is unclear using Everett v Comojo (UK) Ltd as a case in point. The case deals with third party conducts from the decisions of Mitchell v Glasgow CC. However, Nolan states that it is unfortunate that the judges fail to identify the relevant legal principle, and resorted to the Caparo test to establish a duty of care. This generalised test lead to the wrongful establishment of the duty of care owed by the defendant. The so called “policy considerations”, which Lord Bridge criticises as ‘indefinable’, were not able to identify the relevant legal principle to correctly determine the existence of the duty of care in Everett. Therefore, the significance of
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