ABSTRACT
The public approach would overcome the difficulty faced by litigants whose cases were lost because public law wrongs were not recognized as constituting breach of a duty of a care in negligence. An approach to negligence based on principle I the public approach would involve excluding it in the wide categories of case that the courts have done. The hallmark of the public approach is that it involves the identification of the duty of care with those public law duties owed to individuals whose breach demands compensation under principle I. There is no place in the public approach for the distinction between justiciable and non-justiciable decisions. The distinctions purpose prevents the imposition of a duty of care where it might conflict with the exercise of an authority's public law discretion but there is no need for this where the content of the duty of care is identical with that of the authority's public law duties.
