Negligence (Evaluation)

Positive (1,2)

1) Police Protection in Crime Preventing-

(D) F, J, R means floodgates can’t open for claims of a similar nature

(E) Hill- failed to ensure no defensive policing

(FD+) Robinson- police not liable for omissions when preventing crime

2) Consistency in the Reasonable Man Test:

(D) Ensures consistency + fairness in comparing people with the same standard

(E) Bolam- doctors against doctors

Positive (3,4)

3) Negligence from Judge-made Law:

(D) Judge knows the law better than Parliament

(E) Donoghue v Stevenson

4) Caparo allows for moral decisions to be made:

(D) Ensures flexibility in the law, judge interprets what is ‘fair and just’

(E) Marc Rich & Co AG v Bishop Rock

→ despite prox + C.C, was morally unfair to establish a D.O.C

Negative (1,2)

1) Hill failed F,J,R & created police immunity

(D) Police not held accountable, can lead to abuse of power

(E) Osman v Ferguson- followed precedent but police was aware of potential harm to victim

(FD+) Osman v UK- ECtHR addressed issue of police immunity

2) Reasonable man test unfair to learners:
(D) Unfair to expect a learner to have same standard of care as experienced people

(E) Nettleship v Weston- learner driver crashed and held liable

Negative (3,4)

3) Lack of Legal Aid

(D) C must fund themselves + if they lose must pay other side. CFA hard to get

(E) LASPO [2012] cuts

4) Judge made law created Negligence

(D) Unelected, against ‘constitutional’ role and sep. of powers

(E) Compensation Act (2006)- inaccurately made needing intervention from Parliament.