To apply as a test of liability only the foreseeability of possible damage without some further control would be to create a liability wholly indefinite in area, duration and amount and would open up a limitless vista of uninsurable risk for the professional man.’
Lord Oliver of Aylerton in Caparo Plc v Dickman [1990] 2 A.C. 605, page 643
Evaluate this statement and explain why you either agree or disagree.
The focus of this essay is – Knowledge.
– Explain the common law rules dealing with negligence
– Discuss judicial policy dealing with the tort of negligence
– Demonstrate an informed opinion by either agreeing or disagreeing with the statement.
Your answer should be written in standard English and in prose. This is an essay question and you should not write in the first or second person (e.g. ‘I’, ‘we’, ‘my’, ‘you’, or ‘your’). Instead you should use phrases such as ‘A person is …’ or ‘This essay will …’
You will need to refer to Units 11, 12 and 13
Start by considering Unit 11, section 5, which discusses what is meant by ‘Matters of principles and policy’. Then revisit Unit 12 and the dictum (Judge’s statement) at 3.3.1 by Lord Bridge in Caparo. As you reflect upon the materials in Unit 12 draw upon the related case law. You must consider the policy element of Caparo whilst referring to the essay statement by Lord Oliver of Aylmerton. Then, develop your discussion through the materials in Unit 13, which dealt with causation and remoteness. By taking apart and piecing back together (synthesising) these readings you will then have an opportunity to formulate an opinion and say in your own words why you either agree or disagree with Lord Oliver’s statement.


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