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The Compensation Culture in Great Britain - Case Study Example

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This case study "The Compensation Culture in Great Britain" discusses the concept and purpose of common law and statutory provision which is placed the victim in the position. The case study analyses the Compensation Act 2006 is necessary for narrowing guidelines…
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The Compensation Culture in Great Britain
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Download file to see previous pages In the landmark case, Donoghue v Steveson, Lord Buckmaster made a simple observation, that to this day resonates reality. Referring to the assignment of blame and doctrine of the duty of care Lord Buckmaster said; ‘The law applicable is a common law, and, though its principles are capable of application to meet new conditions not contemplated when the law was laid down, these principles cannot be changed nor can additions be made to them because any particular meritorious case seems outside their ambit.’ (Donoghue v Steveson [1932] p 567)

This case was a turning point in the compensation culture in Great Britain because the doctrine of propriety estoppel arose to bar an action in negligence in the absence of a contract between the complainant and the defendant or in the absence of a statutory duty of care. Donoghue v Stevenson revisited this principle and determined that a contract was not necessary to establish a duty of care in certain circumstances.

Similarly, years later The Consumer Protection Act 1987 later amended by the General Product Safety Regulations 1994 would codify the duty of care between the manufacturer and the ultimate consumer. These provisions successfully knit together a broader concept of a duty of care between non-contracting parties. The Consumer Protection Act 1987 as amended places a duty of care on all manufacturers of consumer goods to the extent that it is not dangerous or defective. This broadens the class of potential litigants. (Consumer Protection Act 1987 and General Product Safety Regulations 1994)

The Compensation Act 2006 attempts to circumvent the onerous task facing courts in sifting through the number of claims founded on the application of the neighbor principle enunciated by Lord Atkin in Donoghue v Stevenson and the ensuing development. ...Download file to see next pagesRead More
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