1. Reasonable Person Test

Question 1

Focus on Act, not an Actor(junior doctor)

Answer 1

Wilsher v Essex AHA

Question 2

The Reasonable Person test

Answer 2

Blyth v Birmingham Waterworks

Question 3

the reasonable man is presumed to be free both from over-apprehension and from overconfidence

Answer 3

Lord Macmillan in Glasgow Corporation v Muir

Question 4

learning driver judged like an ordinary driver

Answer 4

Nettleship v Weston

Question 5

junior doctor judged like an ordinary doctor

Answer 5

Wilsher v Essex

Question 6

ordinary person doing DIY does not reach the standard of carpenter, held to standard of reasonably competent
amateur carpenter

Answer 6

Wells v Cooper

Question 7

Sports-exceptions in sport as a professional footballer has a higher standard of care than an amateur - this injury so bad that amateur held liable.

Answer 7

Condon v Basi

Question 8

Sports-immunity from liability unless participant has been guilty of recklessness/high degree of carelessness.

Answer 8

Wooldridge v Sumner

Question 9

Sports-referee held liable for not looking out for safety during collapsed rugby scrum

Answer 9

Smoldon v Whitworth

Question 10

Sports-informal games/horseplay, liability will only arise if reckless/high degree of carelessness

Answer 10

Blake v Galloway

Question 11

Music- viola player had acoustic shock as the ROH breached a statutory duty (Control of Noise at Work Regulations 2005) = breach

Answer 11

Goldschieder v Royal Opera House