Neighbour Principle - avoid acts/omissions which you can
reasonably foresee will injure your neighbour
"The orbit of the danger as disclosed to the eye of reasonable vigilance would
be the orbit of the duty" - Palsgraf v Long Island Railroad Company [1928]
Proximity
Donoghue v Stevenson [1932]
Neighbour
Principle - liability
is limited to those
"closely and
directly affected
by my acts of
omissions"
Interpersonal
justice
connection between the parties justifying imposition of liability
Policy
Anns v London Merton Borough Council [1978] - explicit
acknowledgement by court that policy plays a role in judicial
decision-making on duty
Welfare Considerations / value judgments
Examples of policy considerations include: 1. public expectations 2.
accountability 3. self responsibility 4. responsibility for others 5. public
interest 6. integrity of legal rules 7. administration of justice