Factors Governing the objective (non-specific) standard of care in an action for negligence Flashcards
1
Q
What happened in Vaughan v Menlove?
A
D built a haystack near the property line, it caught fire and spread to C’s barns, stables and cottages
2
Q
What did the court say about this?
A
The court said that if the standard was that D only needed to act to the best of his judgement, it would be too vague, there needs to be a standard which requires in all cases a regard to caution such as an ordinary man would observe.
3
Q
What test is this?
A
The reasonable persons test.
