ELS-Theory of Tort Law-Factors governing the objective standard of care in an action for negligence Flashcards
Give a case example where the objective test is arguably unfair on Cs.
Bolton v Stone (size of risk)
Why is the objective test arguably unfair on Ds?
D’s conduct judged against what a reasonable person would have done in the same situation
Unlike in Criminal Law, what is not relevant when considering whether the D has met the standard of care?
What he was thinking e.g., whether their actions were reasonable to him or her or whether they were trying to reach a high standard.
Whose characteristics will the courts ignore when considering the standard of care?
The defendant’s e.g., their level of experience
Case example for court doesn’t look at the defendant’s characteristics when determining the standard of care?
Nettleship v Weston (1971)
Why can not looking at the defendant’s characteristics in Nettleship be justified?
Due to the existence of compulsory insurance cover for all motorists, no matter how experienced they are.
Those at greater risk will pay higher premiums to reflect the level of risk.
4 situations in which the objective test may sometimes be altered based on who is involved.
- Age of participants
- Special characteristics of C
- If D is acting for public benefit
- D is exercising a special skill
Case for age of participants.
Mullins v Richards (1998)
Case for special characteristics of the C.
Paris v Stepney Borough Council (1951)
Case for where D is acting for public benefit.
Watt v Hertfordshire County Council (1954)
What did the court observe about if the D was acting for a public benefit in a commercial situation where he was gaining a profit?
The claimant would not have been successful.
Case for D is exercising a special skill.
Bolam (1957)
