Breach of duty of care 2

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  • Created by: Michaela
  • Created on: 30-01-13 00:11
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  • Breach of Duty of Care 2
    • "Reasonable person" raises 2 Questions
      • "Reasonable person"- average intellligence, self control and posses average skill and experience
      • Reasonable person has knowledge of other people, takes into account the reasonably foreseeable frailites.
    • E.g. Haley V London Electricty Board (1964). Claimant is a blind man, injured when he fell in a trench dug by the defendant who had left it unfenced. Court decided that reasonable electric company would have fenced the hold as blindness was not so uncommon as to be unforeseeable (takes into account of the weakness and frailities of others)
    • "Reasonable person" test accepts lower standard in 2 instances.
      • If defendant is disabled, law requries a standard of behaviour that is reasonable for a person with that disability, Disabled person must not exceed the reasonable limits for a person with that disability
      • Defendant is either very old or very young then the court will measure his behavious against a reasonable person of the same age.
    • How does the reasonable person behave
      • Court considers the interest of the parties and the interests of society, how the decision will have an impact on the future. Following are examples of factor which the court may take into account
        • 1.  Likelihood of Injury- Less likely an accident is to happen, more justified the defendant ignoring the risk. If a accident is more likely to happen the the reasonable person will take precautions against it. Seen in Bolton V Stone (1951)- reasonable person doesnt take precautions against very unlikely occurrences.
        • 2. Seriousness of Consequence- More serious the consequcnes the more duty of care owed.  Seen in Paris V Stepney Borough Council (1951)
        • 3. Value of the Conduct- Defendant is socially valuable then that may justify him taking risks. Seen in Watt V Hertfordshire council (1954).


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