A Level Law Practice Exam

What triggered the Supreme Court to overrule a previous decision in Herrington v. British Railways Board?

1. Changing societal attitudes towards negligence

2. A legal loophole in the previous ruling

3. New evidence discovered after the case

4. A procedural error in the original trial

The correct answer is: Changing societal attitudes towards negligence

The Supreme Court's decision to overrule a previous ruling in Herrington v. British Railways Board was indeed driven by changing societal attitudes towards negligence, particularly in relation to how the law should treat the duty of care owed to children. This landmark case marked a significant shift in the legal perspective on occupiers' liability, reflecting a growing recognition that the safety of children should be prioritized. The court acknowledged that previous standards of negligence could no longer adequately protect vulnerable individuals and that the law must evolve in response to the realities of modern society. The other options do not provide the context necessary for the court's decision. While a legal loophole might suggest an area of legal ambiguity, the ruling was more focused on the need for a shift in moral and legal standards rather than specific gaps in earlier legal decisions. New evidence typically pertains to factual changes, which were not the driving forces here, and procedural errors would suggest a flaw in how the case was originally processed, rather than a fundamental need to change legal principles governing negligence.