52 Protecting the vulnerable

Although the law on non-contractual liability aims at protection, it is framed by reference to types of damage and not by reference to the need for protection of particular groups. There are, however, some recognitions of this aspect of the principle of justice. One is indirect: in the definition of negligence reference is made to failure to come up to the standard of care provided by a statutory provision whose purpose is the protection of the injured person (the assumption being that the statute protects a vulnerable group of which the injured person is a member).1. The others are more direct but operate in the other direction, by protecting the people in the categories concerned from full liability for damage caused where it would be unfair to expose them to such liability. Children under 7, young persons under 18 and mentally incompetent persons are all given some protection in this way.2.