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First Principles of Business Law |
| The tort of Negligence |
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3. Liability for harm in Negligence |
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3.3. The reasons for restricting liability |
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What justification is there for not making a person liable for ALL careless conduct that causes harm of a recognised kind? Consider the statements below. Which of them best explains why the law does not always impose legal liability for careless acts that cause harm? |
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(a) Making a defendant legally liable for ALL careless acts causing harm sets an impractical standard. The courts would be swamped by claims, and people would refrain from many socially useful activities. (b) Making a defendant legally liable for ALL careless acts causing harm is morally unjustifiable. There is no justification for imposing such a high standard of behaviour. |
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