Date:
Thu, 3 Nov 2005 16:26:40
From:
Jason Neyers
Subject:
UK Compensation Bill Published
Dear
Robert and others:
I
am sure that I am probably wrong but I was under the impression
that under English law the social utility argument was technically
only valid in situations of government services (e.g., Denning in
Hertfordshire). So it would be the law in the case you
cited which I am assuming was a government services cases but it
is not a general common law principle that social utility is relevant
in all negligence cases (though it might be a subliminal undercurrent
in many cases). That is, as I understand it, generally the Canadian
law on the subject.
Jason
-----
Original Message -----
From: Robert Stevens
Date: Thursday, November 3, 2005 11:12 am
Subject: Re: [Fwd: ODG: UK Compensation Bill Published]
Whatever
the normative attractions of this position, it is not the common
law.
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