First Principles of Business Law

5. Breach of a duty of care

5.2.7. Policy considerations

Some types of conduct have a public or social usefulness which outweighs the harm that they will inevitably cause. Such harm may be excused on policy grounds.

There are many examples of this: the use of machinery, equipment or dangerous substances in manufacturing and agriculture; or the use of motor cars and other modes of transport; or organising sporting or other activities, eg in schools. Policy considerations might also excuse harmful conduct which is made necessary by an emergency such as a fire or traffic accident.

In relation to the case-study, the fact of operating the airport when there are houses nearby will not in itself constitute Negligence, because policy reasons clearly make such activities desirable and useful. To establish liability for Negligence, it would be necessary to show that the responsible authority carried out particular aspects of that operation without reasonable care.