Hello, I am looking for someone to write an article on The Exercise of Judicial Discretion. It needs to be at least 1500 words. He felt that there was a need for a general principle from which the duty of care test could be based. In Donoghue v Stevenson (1932), whilst recognizing the need for a specific principle Lord Atkin was also concerned that. “To seek a complete logical definition of the general principle is probably to go beyond the function of the judge, for the more general the definition the more likely it is to omit essentials or to introduce non-essentials.” Despite his reservation, he managed to formulate a test that later became known as the ‘neighbour’ test. Under this principle Lord Atkin stated. “The rule that you are to love your neighbor becomes in law, you must not injure your neighbor. and the lawyer’s question, Who is my neighbor? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law is my neighbor? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”
Although this case is still recognized as the basic premise on which to base the duty of care test, subsequent cases have recognized the gaps in this definition and have reformulated the test. Lord Reid in Dorset Yacht Co. Ltd. v Home Office (1970) made the observation that
“Donoghue v Stevenson may be regarded as a milestone, and the well-known passage in Lord Atkin’s speech should I think to be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. It will require qualification in new circumstances.
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