essay points

Question 1

perspectives on duty od care for negligence

Answer 1

against the use of duty of care in negligence
1. the combination of three decisions from capato v dickman, michael v ccosw and robinson v ccowy
D. Nolan, ‘deconstructing the duty of care’- the duty of care should be not remain its own element but should be deconstructed under other elements
2.

Question 2

points on the objective standard of care in breach of duty

Answer 2

1. Tony Honore ‘responsility and luck: the moral basis of strict liability’- “A person who is insured suffers less than if he had to pay from his own pocket.”
   Having this test promotes fairness. Those compared to this standard are likely to have insurance, therfore having a higher chance of compensation for the victim, amounts to reduced damage to the v, and little damage to the d
2. the objective standard for experts, such as doctors, is that of a reasonable doctor. however to determine this by a professional opinion in that field.
   however what may be deemed as reasonable actions by the majority in this field may not be the correct/appropriate manner
   Lawrence H and others ‘Beyond the standard of care: a new model to judge medical negligence’