Ratio Decidendi
The social utility of the defendant's activity is a relevant factor in assessing breach of duty. Where the activity has high social value (such as emergency rescue), a greater degree of risk may be acceptable.
ข้อเท็จจริง
A fireman was injured by a heavy jack sliding in a vehicle that was not designed to carry it. The jack was urgently needed to rescue a woman trapped under a vehicle. The fire station did not have a suitable vehicle available at the time.
สรุปคำพิพากษา
The Court of Appeal held that the fire service was not negligent. The risk of injury from the unsecured jack had to be balanced against the urgent need to save a life. The social utility of the rescue operation justified the risk taken.
คำกล่าวสำคัญ
"The saving of life or limb justifies taking considerable risk."
— Denning LJ
"One must balance the risk against the end to be achieved. If this accident had occurred in a commercial enterprise without any emergency there could be no doubt that the servant would succeed."
— Denning LJ
การอ้างอิงภายหลัง
Authority on the relevance of social utility in assessing breach. Now reflected in the Compensation Act 2006, s.1.