breach of duty 2

Question 1

what factors do the courts consider when determining the standard of care expected of the reasonable person?

Answer 1

probability that the injury will occur
magnitude of the harm likely
practicality and cost
social utility and conduct

Question 2

how does probability that injury will occur play a part in the balancing act?

Answer 2

the more likely an injury, the more reasonable it is to take precautions to prevent it

Question 3

how does magnitude of the harm likely play a part in the balancing act?

Answer 3

the more serious the potential injury, the more likely the defendant will be found to have fallen below the required standard of care should it materialise

Question 4

how does practicality and cost play a part in the balancing act?

Answer 4

should the defendants have taken precautions against the risk
defendant must take reasonable precautions to minimise the risk

Question 5

how does social utility and conduct play a part in the balancing act?

Answer 5

does the purpose justify the abnormal risk

emergencies