MLL213 Study Guide - Final Guide: Determinative, Bolam V Friern Hospital Management Committee, Air Gun
24 May 2018
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Department
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Professor
6a Standard of Care
STANDARDS OF CARE:
STANDARD OF THE REASONABLE PERSON
- An objective standard
- Stadard of are is that of the reasoale ad prudet perso i Ds positio
- D must exercise the skill and care that a reasonable person of ordinary intelligence,
skills and experience would exercise
- The personal circumstances or characteristics (such as intelligence, experience or
mental state) of the defendant are generally not taken into account
MODIFICATION OF THE STANDARD OF CARE
A modified standard of care applies in the case of:
- Children
o Objective, based on the reasonable child of the same age
o Child expected to exercise the same degree of skill and competence and to
understand risks involved as could reasonably be expected of a child of that
age. McHale v Watson.
▪ Parental Liability: No vicarious liability, parents liable if they fail to
exercise a reasonable degree of control and supervision over their
hilds atiities
▪ Factors: age of child, dangerousness of the object/activity, warnings
gie, hilds traiig ad eperiee.
Imbree v McNeilly (2008):
• P took four sons driving with a young driver. They were injured.
• Initial trial held driver and P liable. Upon appeal, HC overruled and found the driver fully liable
as he was required to give the riders a standard of care despite his age.
Miller v Miller (2011):
• 16 year old plaintiff had been out drinking with her sister and cousins. After discovering the
last train had gone and she had run out of money, she decided to steal a car to drive home.
The defendant, one of her cousins, offered to drive the plaintiff and her friends home in the
stolen car. The defendant began driving recklessly, speeding and running red lights,
• The HC held that whilst p was initially involved in the stealing of the car, she was not a party
to the criminally dangerous driving.
• Duty of care from d to p was not executed.
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Document Summary
Sta(cid:374)dard of (cid:272)are is that of the (cid:858)reaso(cid:374)a(cid:271)le a(cid:374)d prude(cid:374)t perso(cid:374)(cid:859) i(cid:374) d(cid:859)s positio(cid:374) D must exercise the skill and care that a reasonable person of ordinary intelligence, skills and experience would exercise. The personal circumstances or characteristics (such as intelligence, experience or mental state) of the defendant are generally not taken into account. P took four sons driving with a young driver. Upon appeal, hc overruled and found the driver fully liable as he was required to give the riders a standard of care despite his age. 16 year old plaintiff had been out drinking with her sister and cousins. After discovering the last train had gone and she had run out of money, she decided to steal a car to drive home. The defendant, one of her cousins, offered to drive the plaintiff and her friends home in the stolen car. The defendant began driving recklessly, speeding and running red lights,
