The concept of morality lies behind the judgment in Donoghue v Stevenson (1932). Lord Atkin extended the biblical idea of ‘love thy neighbour’ to ‘do not harm your neighbour’. The law was developed to protect weaker parties from harm, but how far the law should be used to promote changes in moral values is debatable.
The policy part of the test from Caparo (1990) permits considerable flexibility, as a duty will only be imposed if it is fair, just and reasonable to do so. Judges may base decisions partly on moral values. They look at what is best for society as a whole and may restrict a duty to avoid opening the floodgates to claims, especially where these would be paid by public funds.
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