Judgment
In 1842, the law’s only recognition of "negligence" was in respect of a breach of contract. As the plaintiff was not in a contract with the defendant the court ruled in favour of the defendant on the basis of the doctrine of privity of contract.
Winterbottom sought to extend the ratio of the court in Langridge v Levy but the court rejected this on the grounds that that case involved a gun whose safety had been misrepresented by the vendor.
The case was also possibly influenced by public policy. If the plaintiff were able to sue “there would be unlimited actions” and the public utility of the Postmaster-General was such that allowing such actions would be undesirable for society.
Read more about this topic: Winterbottom V Wright
Famous quotes containing the word judgment:
“Blest are those
Whose blood and judgment are so well commingled
That they are not a pipe for Fortune’s finger
To sound what stop she please.”
—William Shakespeare (1564–1616)
“Whoever, therefore, eats the bread or drinks the cup of the Lord in an unworthy manner will be answerable for the body and blood of the Lord. Examine yourselves, and only then eat of the bread and drink of the cup. For all who eat and drink without discerning the body, eat and drink judgment against themselves.”
—Bible: New Testament, 1 Corinthians 11:27-29.
“Americans are notorious for looking to their children for approval. How our children turn out and what they think of us has become the “final judgment” on our lives. . . . We imagine that the rising generation is rendering history’s verdict on us. We may resent children simply because we expect a harsh judgment from them.”
—C. John Sommerville (20th century)