Fair, just and reasonable as policy control

Topic preview

1. 01

   Foundation

   What policy concerns might make a court refuse to impose a novel duty even where harm was foreseeable?

2. 02

   Mechanics

   How does the fair, just and reasonable limb control the expansion of negligence liability?

3. 03

   Perspective

   If the facts suggest floodgates, pressure on public resources, deterrence concerns, or a public body defendant, why might a court refuse to impose a new duty of care, and what would point you away from that policy analysis?

4. 04

   Risk allocation

   Why is it wrong to say that moral blame alone automatically creates a legal duty of care?

5. 05

   Distinction

   How do you keep policy control separate from factual foreseeability when deciding whether a duty of care should be recognised?

6. 06

   Consequence

   If this policy control point is missed or wrongly analysed, what is the likely effect on the claim and the next step in the negligence analysis?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.