Policy decisions Flashcards
Why are judges careful when imposing liability in areas not yet dealt with.
So as not to create an avalanche of new claims
What are policy decisions goals?
To create a precedent that is fair, just and reasonable.
Factors that judges take into consideration regarding policy decisions?
Loss Allocation - who can afford the loss?
Floodgates - will imposing liability lead to lots of new cases
Practical impact of imposing liability - will essential funds be diverted away from front-line activities?
Do police have a duty of care to stop crime?
Hill v Chief Constable of West Yorkshire -
No
Robinson v Chief Constable of West Yorkshire Police
Police knocked over old lady.
Police do not enjoy general immunity from suit in respect of anything done by them in the course of preventing crime
What are policy decisions?
Policy decisions are decisions made based on reasonable reasons and not individual justice.