Risk Factor questions in the Exam

Special Characteristics of the Claimant

-Where the amount of harm caused to C is greater than normal, Reasonable Man would take more care

• PARIS V STEPNEY

-C was blind in one eye, employed by D in a garage

-C uses hammer to remove bolt when metal chip flew off the bolt and blinded him in the good eye

-At the time it was not a common practice to wear goggles to do this kind of work

-Reasonable man would have taken more care because Cs potential harm was greater

-D has breached their duty of care because they did not provide goggles

Size of the Risk

-Risk of harm high, a reasonable person would take more care.

-Risk of harm is small, a reasonable person would take less care.

• BOLTON V STONE

- Ball was hit out of a cricket ground and hit someone in a nearby garden

…