Ronan Condon, ‘Closing the sluice gates: UCC v ESB and the worrying narrowing duty of care analysis’

“In 1957, Robert Heuston measuring the post-war development of tort law remarked that the neighbour principle had been made to ‘bear a weight so manifestly greater than it could support’. The weight that Lord Atkin’s general duty of care has to bear, of course, is to define the basis and extent of the duty of care in negligence. Heuston thought that the appeal to the neighbour principle alone blunted legal analysis and left the task of determining the boundaries of negligence dangerously open-ended. His analysis is remarkably prescient in hindsight because it presaged later and expansive jurisprudence, which treated the neighbour principle as a general test of negligence3 with uncertain limits in public policy (or considerations of community welfare) …”

€ (Westlaw)

Ronan R Condon, ‘Closing the sluice gates: UCC v ESB and the worrying narrowing duty of care analysis’ (2022) 67 Irish Jurist 145-160.

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