“Social utility of conduct affects negligence standard during emergencies.”
During WWII, a left-hand drive ambulance (due to wartime vehicle shortages) was involved in an accident. The defendant argued that the social utility of providing ambulance services during wartime should affect the negligence standard.
Whether the social utility of the defendant's activity and the circumstances of wartime emergency should be considered when determining the standard of care in negligence.
The Court of Appeal found for the defendant, holding that the social utility of the activity and wartime circumstances were relevant to determining the appropriate standard of care.
Introduced risk-utility balancing into English negligence law, allowing social value to influence the standard of care. Remains relevant for cases involving emergency services and socially beneficial activities.
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OSCOLA Citation
Daborn v Bath Tramways [1946] 2 All ER 333 (CA)
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