The Reasonable Man Test

Question 1

The reasonable man test

Answer 1

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

Question 2

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

Answer 2

The reasonable man test

Question 3

What are the 4 risk factors?

Answer 3

• Magnitude of risk
• Gravity of potential harm
• Justifiable risk
• Cost and practicality of precautions

Question 4

Bolton v Stone 1951

Answer 4

Greater care must be taken in high risk activities

Question 5

Greater care must be taken in high risk activities

Answer 5

Bolton v Stone 1951

Question 6

Paris v Stepney Borough Council 1951

Answer 6

Any special characteristics of the victim must be taken into account

Question 7

Any special characteristics of the victim must be taken into account

Answer 7

Paris v Stepney Borough Council 1951

Question 8

Roe v Minister of Health 1954

Answer 8

If the knowledge of the risk is impossible, there can be no breach in the duty of care

Question 9

If the knowledge of the risk is impossible, there can be no breach in the duty of care

Answer 9

Roe v Minister of Health 1954

Question 10

Scout Association v Mark Barnes 2010

Answer 10

The level of risk must be acceptable and proportionate to the social value

Question 11

The level of risk must be acceptable and proportionate to the social value

Answer 11

Scout Association v Mark Barnes 2010

Question 12

Day v High Performance Sports 2003

Answer 12

Greater risks can be taken in emergencies

Question 13

Greater risks can be taken in emergencies

Answer 13

Day v High Performance Sports 2003

Question 14

Latimer 1953

Answer 14

• not required to eliminate every possible risk
• risk involved should be balanced against the cost and effort of taking precautions

Question 15

• not required to eliminate every possible risk
• risk involved should be balanced against the cost and effort of taking precautions

Answer 15

Latimer 1953

Question 16

Nettleship v Weston 1971

Answer 16

Learners have the same standard of care as an ‘ordinary, competent’ professional/experienced person

Question 16

Bolam 1957

Answer 16

Standard judged against the opinion of other ‘ordinary, competent’ (profession)

Question 16

Learners have the same standard of care as an ‘ordinary, competent’ professional/experienced person

Answer 16

Nettleship v Weston 1971

Question 17

Standard judged against the opinion of other ‘ordinary, competent’ (profession)

Answer 17

Bolam 1957

Question 18

Patients should be made aware of the risk and accept the consequences of their choice of treatment

Answer 18

Montgomery 2015

Question 19

Montgomery 2015

Answer 19

Patients should be made aware of the risk and accept the consequences of their choice of treatment

Question 20

A child should be judged according to a reasonable child of their age

Answer 20

Orchard v Lee 2009

Question 21

Orchard v Lee 2009

Answer 21

A child should be judged according to a reasonable child of their age

Question 22

Palmer 2009

Answer 22

If a child commits a tort whilst under supervision it is likely that the person supervising is liable as their supervision was inadequate

Question 23

If a child commits a tort whilst under supervision it is likely that the person supervising is liable as their supervision was inadequate

Answer 23

Palmer 2009

Question 24

Jolley 2000

Answer 24

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

Question 25

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

Answer 25

Jolley 2000