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5 Cards in this Set

  • Front
  • Back

Who is the defendant judged against?

The standard or care of the reasonable man carrying out the same activity (Blythe V Birmingham Waterworks)


some special considerations apply-


Children- standard of reasonable child of the same age (Mullins V Richards)


Experts/ Professionals- standard of ‘reasonable body of expert in same field’ (The Bolam Test)


Learners/ Trainees- standard of care of reasonably qualified competent people (Nettleship V Weston)

What is the first risk factor the court will consider?

The degree of risk-


If the harm is likely to occur the court will expect the D to take greater care to minimise or eliminate the risk


Bolton V stone- low risk


Halley V London Elec- high risk


Roe V Minister of health- no risk at all

What is the second risk factor the court will consider?

The potential seriousness of the harm-


If there is the potential for serious harm the court will expect the defendant to take greater care of the claimant


Paris V Stepney BC

What is the third risk factor the court will consider?

The practicality of taking precautions


Court will consider how was it was in terms of cost and effort to eliminate the risk


If it was relatively easy the court will expect precautions to be taken


Latimer V AEC ltd

What is the fourth risk factor the court will consider?

The social usefulness of the activity


If the D is found a socially issue full activity eg emergency services he will be allowed to take greater risks


Watt V Hertfordshire County Council