The Reasonable Man Test Flashcards
The reasonable man test
To have breached his duty of care, D’s standard of conduct must have fell below that of the objective standard of the reasonable man
It must be established that D’s standard of conduct fell below that of the objective standard of the reasonable man for him to have breached his duty of care
The reasonable man test
What are the 4 risk factors?
- Magnitude of risk
- Gravity of potential harm
- Justifiable risk
- Cost and practicality of precautions
Bolton v Stone 1951
Greater care must be taken in high risk activities
Greater care must be taken in high risk activities
Bolton v Stone 1951
Paris v Stepney Borough Council 1951
Any special characteristics of the victim must be taken into account
Any special characteristics of the victim must be taken into account
Paris v Stepney Borough Council 1951
Roe v Minister of Health 1954
If the knowledge of the risk is impossible, there can be no breach in the duty of care
If the knowledge of the risk is impossible, there can be no breach in the duty of care
Roe v Minister of Health 1954
Scout Association v Mark Barnes 2010
The level of risk must be acceptable and proportionate to the social value
The level of risk must be acceptable and proportionate to the social value
Scout Association v Mark Barnes 2010
Day v High Performance Sports 2003
Greater risks can be taken in emergencies
Greater risks can be taken in emergencies
Day v High Performance Sports 2003
Latimer 1953
- not required to eliminate every possible risk
- risk involved should be balanced against the cost and effort of taking precautions
- not required to eliminate every possible risk
- risk involved should be balanced against the cost and effort of taking precautions
Latimer 1953
Nettleship v Weston 1971
Learners have the same standard of care as an ‘ordinary, competent’ professional/experienced person
Bolam 1957
Standard judged against the opinion of other ‘ordinary, competent’ (profession)
Learners have the same standard of care as an ‘ordinary, competent’ professional/experienced person
Nettleship v Weston 1971
Standard judged against the opinion of other ‘ordinary, competent’ (profession)
Bolam 1957
Patients should be made aware of the risk and accept the consequences of their choice of treatment
Montgomery 2015
Montgomery 2015
Patients should be made aware of the risk and accept the consequences of their choice of treatment
A child should be judged according to a reasonable child of their age
Orchard v Lee 2009
Orchard v Lee 2009
A child should be judged according to a reasonable child of their age
Palmer 2009
If a child commits a tort whilst under supervision it is likely that the person supervising is liable as their supervision was inadequate
If a child commits a tort whilst under supervision it is likely that the person supervising is liable as their supervision was inadequate
Palmer 2009
Jolley 2000
Where V is a child, the foreseeability of the way in which it happened and the extent of damage is irrelevant, providing that harm was reasonably foreseeable
Where V is a child, the foreseeability of the way in which it happened and the extent of damage is irrelevant, providing that harm was reasonably foreseeable
Jolley 2000
