The 'reasonable' man Flashcards
what does the occupiers liability act state?
whether any duty is owed by a person as occupier of premises to persons other then his visitors in respect of any risk of their suffering/injury on the premises by reason of any danger due to the state of the premises or to things done or omitted to be done on them,
TOMLINSON V CONGLETON Case
Defendant owned a park and a lake had been created in it. It had frequent visitors and swimming was nor allowed in the lake. There were many signs expressing this. The claimant dived into the lake and broke his neck rendering him tetraplegic. The risk rose from Tomlinson as he engaged in an activity which has an inherent risk.
what are the societal consequences of the Tomlinson V Congleton case
defendants will not be liable for injuries caused as a result of adults voluntarily taking an obvious risk
when doesn’t the government give out compensation?
when people believe than an injury means there must be inevitably someone to blame/pay.
The reasonable man:
What is the reasonable man?
An ideal on how a typical person would act in certain circumstances
The reasonable man: What is the main problem with the reasonable man?
Reasonableness is very objective such that it includes what a person should have thought, considered and done rather than what they actually did.
R V AZHAR AHMED
He posted that “all soldiers should die and go to hell.” Was charged on “improper use of public electronic communications network.” A person is guilty of an offence if he sends by means of public electronic communications network a message, that is grossly offensive or of an indecent, obscene or menacing nature. He was given 240 hours and £300 fine.
What 4 ways has the internet changed the world in the context of published opinions?
Change in political climate
Public vs. private space
moral standards
popular views
internet changed the world in the context of published opinions:
Change in political climate
war is very unpopular
greater police powers in response to protests
internet changed the world in the context of published opinions:
public vs. private space
internet is half and half
trolling includes saying the first thing that comes into your mind
internet changed the world in the context of published opinions:
moral standards
have they changed?
we have access to other culture’s standards of morality
internet changed the world in the context of published opinions:
popular views
now vocalised online
How can we decide what is grossly offensive?
In the past we would look at what peoples reactions would be, now it is a lot harder due to the internet
Jury system
Places control in the hands of the governed.
Seen as democratic
Have a right to ‘judge’
Ensures the criminal justice system reflects common judgement an works for the benefits of the public
