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Lord Bridge Caparo Industries Plc V Dickman (1990)

1330 Words6 Pages

According to one contemporary political philosopher, Alasdair MacIntyre, morality in Western societies is ‘an unharmonious melange of ill-assorted fragments’ (1985, p. 10). Macintyre's statement has relevance to the body of law discussed in this essay: negligence as it applies to the institutions of the welfare state. Both negligence law and public bodies give expression to practical impulses that places us in the belief that we live in a moral model of human association. The moral impulses that can be found in negligence law is that of the ideal of corrective justice and the principle of personal responsibility. On the other hand, the welfare state promotes the belief that we should provide for all members of our society to enjoy access to …show more content…

When this situation arises, a claimant can bring an action in court against the relevant public body. However, in recent years, the courts have identified a wide range of factors that may be relevant to the denial of duty of care. The courts will look into the factual circumstances of the case when ascertaining the existence of duty of care. This has been highlighted by Lord Bridge in (Caparo Industries Plc v Dickman [1990] 2 A.C. 605). In this case, Lord Bridge states that the singular composite test is merely a convenient label and that it will all depend on the factual scenario of the …show more content…

Giving the lead speech of the House in Hill v Chief Constable of Yorkshire, Lord Keith acknowledged this possibility but rejected it on the basis that “the general sense of public duty which motivates police forces is unlikely to be appreciably reinforced by the imposition of such liability so far as concerns their function in the investigation and suppression of crime. From time to time they make mistakes in the exercise of that function, but it is not to be doubted that they apply their best endeavours to the performance of

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