... the judiciary were not always ridged to these arguments, and a degree of flexibility was sometimes allowed which helped shape the laws application and restrict the use of these 'loopholes'. Another point to be noted is that there was also negligence cases brought under the writ of asumpsit, but this report will not digress into this area. (Manchester ch.12 (3), Baker p.352). The second part of the statement; "negligence......... is a disguised subsidy to business," is supported by Populist arguments, stating that the law of negligence in the nineteenth century made industry, farmers, workers, passengers and shippers substitute their accident cost, (presumably through insurance). (Gordon p.905 HLR). This report, however is less concerned with the above arguments. It will acknowledge that the industrialised period, (late 18th century to the present day) was important to the law of negligence, due to the increased volume of negligence cases dealt with by the courts. But ...

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