ABSTRACT
In this important chapter, 17 British cases are included in which the reasoning regarding negligence determination is discussed in detail. Many of the cases form the basis for judgments on the negligence question in other common law countries. We note that the case of Upson covered in this chapter contains the most important judgment where the untaken precaution approach can be identified, and we find it cited in many of the judgments that are covered in later chapters. Landmark cases like Wagon Mound, Bolton v Stone and Home Office have been instrumental in laying down some of the core principles governing various aspects of negligence determination. This chapter, therefore, forms a very significant part of the book because through these cases many of the concepts that are vital to the economic analysis of liability rules are introduced and explained. They also highlight how the final verdict hinges on factoring in all the costs and benefits. For instance, in Miller v Jackson, Lord Denning in his now-famous reasoning brought in the “loss to society,” which would result from the closing of the cricket ground. This made the cost of precautions very high, and an injunction could be averted.
