Unit 5: Applying Lord Hoffman’s Analysis to The Rhone and Fitzpatrick’s Fuel
If I’m understanding Lord Hoffman’s judgment correctly, he is arguing that our focus on the analogy of the “directing mind” obscures its true purpose, which is to identify the person designated by the relevant attribution rule as liable. As “the question is one of construction rather than metaphysics” (para 22), we need to derive the attribution […]