MARKET 1 Lecture Notes - Lecture 6: West Yorkshire Police, Chief Constable, No Liability
Document Summary
The 4 elements overlap and always be regarded as interchangeable. > lord denning in lamb v camden lbc [1981] qb stated: duty, breach and causation continually run into one another . Duties of care and public policy: policy minimalists. Lord scarman in mcloughlin v o"brian [1983] > argued that the court"s function is to adjudicate according to the principle and leaving the policy curtailment to the judgement of parliament: policy maximalists. In the case hill v chief constable of west yorkshire [1989] > hl decided that policy consideration or public interest is always relevant to the question of whether a owed b a duty of care. Lord keith"s leading speech: imposition of liability may lead to a detrimentally defensive frame of mind in the police force . > also a great diversion of police manpower and expenses would be expected to prepare for the defence .
