Search results
Results From The WOW.Com Content Network
Whereas Lord Atkin's neighbour principle emphasised a need for both a proximate relationship, as well as a foreseeability of harm, the Anns test did not make such a clear distinction. Richard Kidner has stated that this led the courts to sometimes ignore relevant policy considerations, [17] and to encourage "lazy thinking and woolly analysis". [18]
Nevertheless, if that broad principle is approved and applied by later courts, then the principle will eventually be treated as ratio. A particular example is the broad "neighbour principle", enunciated by Lord Atkin in Donoghue v Stevenson 1932, which has become the basis of the modern law of negligence. When judges may face conflicting ...
Atkin's grandson, by his daughter Lucy Atkin, was the politician and business leader Sir Toby Low, 1st Baron Aldington. [citation needed] Atkin enjoyed the music hall and in particular the humour of George Robey and Marie Lloyd. He and his wife were fond of entertaining at their succession of town homes in Kensington with musical evenings. [17]
The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question "Who is my neighbour?" receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who then in law is my neighbour?
Applying those principles, the defendants owed no duty of care to potential investors in the company who might acquire shares in the company on the basis of the audited accounts. Lord Bridge concluded by answering the specific question of whether auditors should be liable to individual shareholders in tort, beyond a claim brought by a company.
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Lord Salmon delivered a speech within which he agreed in substance with Lord Wilberforce but contained a separate analysis of, in particular, the issue of duty of care. Lord Wilberforce accepted what might be seen as the high point of the adoption of the statements of Lord Atkin in Donoghue v Stevenson, the "neighbour principle":
Lord Jenkins affirmed the existence of a duty of care by applying the test formulated by Lord Atkin in Donoghue v. Stevenson, [6] [7] saying: "the Post Office had brought on the public highway apparatus capable of constituting a source of danger to passer-by ... It was therefore their duty that such passerby, "neighbour" in the language of ...