2013 Value of apology

The Protected Apology as the Modern Response to the Moral Question at the Heart of Donoghue v Stevenson: What if Stevenson had apologised?

Donoghue v Stevenson was the seminal negligence case for the Anglo-related common law jurisdictions. The paper argues that it recognises the moral issue about responsibility for harm and that if Stevenson had apologised perhaps the case would never have gone to the House of Lords. While it would be sad not to have the case, generally the avoidance of litigation is a good thing and the modern protected apology, which works to prevent law from stopping the ordinary social use of the apology, is also a good thing.

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<p>(2013) 3 <em>The Juridical Review</em> 483</p>