Negligence 3: The Risk Factors

Question 1

Name the 4 risk factors and a case for each factor.

Answer 1

1. The size of the risk of harm will be considered. (Bolton VS Stone).
2. Special characteristics of the claimant will be considered. (Paris VS Stepney Borough Council).
3. D must reduce the risk by taking adequate precautions. (Latimer VS AEC Ltd).
4. The social utility of taking the risk will be considered as a matter of public policy. (Watt VS Hertfordshire County Council).

Question 2

Risk Factor 1: If the risk of harm is ____, the standard of care expected of D is ____.

Answer 2

If the risk of harm is HIGH, the standard of care expected of D is GREATER.

Question 3

Risk Factor 2: If claimant is ____, or could suffer a serious potential injury, the standard of care expected of D is ____.

Answer 3

If claimant is VULNERABLE , or could suffer a serious potential injury, the standard of care expected of D is GREATER.

Question 4

Risk Factor 3: D is expected to take precautions that are ____ ____ to the size of the risk of harm in terms of ____ and ____.

Answer 4

D is expected to take precautions that are IN PROPORTION to the size of the risk of harm in terms of COST and PRACTICALITY.

Question 5

Risk Factor 4: The ____ ____ of taking the risk will be considered as a matter of ____ ____.

Answer 5

The SOCIAL UTILITY of taking the risk will be considered as a matter of PUBLIC POLICY.