James Atkin - Cases

Cases

  • France v James Coombes & Co AC 496
  • Bell v Lever Brothers Ltd AC 161
  • Donoghue v Stevenson AC 562
  • Way v Latilla 3 All ER 759
  • Liversidge v Anderson AC 206

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    The world men inhabit ... is rather bleak. It is a world full of doubt and confusion, where vulnerability must be hidden, not shared; where competition, not co-operation, is the order of the day; where men sacrifice the possibility of knowing their own children and sharing in their upbringing, for the sake of a job they may have chosen by chance, which may not suit them and which in many cases dominates their lives to the exclusion of much else.
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    For the most part, we are not where we are, but in a false position. Through an infirmity of our natures, we suppose a case, and put ourselves into it, and hence are in two cases at the same time, and it is doubly difficult to get out.
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    After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice, even as far as men understand it.
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