Evaluation

Question 1

Overall criticism

Answer 1

The law on negligence has been developed though Common law, and not by parliament legislation.

Question 2

Two positives surrounding the law

Answer 2

1. There are different factors that are considered to determine if the breach was reasonable.
2. It is fair that D is judged against what it’s common practice and the knowledge of the time, especially in medical or scientific areas where developments and changes can happen quickly

Question 3

Two negatives surrounding the law

Answer 3

1. The law doesn’t take into consideration Ds actual experience just what the standard of skill is expected at that level.
2. ‘Common practice’ allows professionals to set their own acceptable standards which means claims are easier to defeat and marginal or experimental practice could be deemed acceptable. It may be consider unfair to C that the claim can be defeated by policy considerations.