Date: Mon, 22 Oct 2007 19:41

From: Ken Oliphant

Subject: Johnston v NEI

--On 20 October 2007 14:45 +0100 Robert Stevens wrote:

It's obvious why the employee would want to assert such a claim. But why should the law allow it?

Because he satisfies the necessary elements of the cause of action.

 

--On 20 October 2007 09:07 -0400 Jason Neyers wrote:

In response to Ken, doesn't the law allow you to bring every action of which you can prove the required elements?

I have to say these responses strike me as wilfully perverse. Everyone - including Robert - has accepted that the recoverability in contract law of (say) damages for distress caused by exposure has yet to be resolved, at least in England and no doubt in other jurisdictions too. So it is entirely unhelpful to answer the question, "should the law allow such a claim", by answering "the law will allow such a claim if the claimant satisfies the elements of the cause of action."

Ken

----------------------
Ken Oliphant, CSET Reader in Tort, School of Law, University of Bristol, Wills Memorial Building, Queens Road, Bristol BS8 1RJ.

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