Must be able to apply sound judgment beyond a specific set of instructions and apply knowledge to
different factual situations.
Demonstrates the ability to apply specific judgement beyond a specific set of instructions and apply knowledge to
different factual situations.
In two cases, the Second Circuit Court of Appeals sought to translate Supreme Court decisions to
different factual situations.
Cases vary so infinitely that it is not always easy to apply to one factual situation the decision in another very
different factual situation.
Mindful of the fact that there was no direct authority specifically in point, and acknowledging that this was
a different factual situation from Spring, the judge was nevertheless of the view that the three-fold test set out in the leading case of Caparo Industries Plc v Dickman & Ors [1990] 2 AC 605, [1990] 1 All ER 568 could be applied to the facts of the case.
Not exact matches
As the CAC commented, the
factual situation in this case was very
different from the Uber case.