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Flashcards in Standard of Care Deck (17):
1

Defendant must behave as a reasonable man

Blyth v Birmingham Waterworks

2

The man on the Clapham Omnibus

Hall v Brooklands

3

Reasonable man is not the paragon of circumspection

AC Billings v Riden

4

Learner driver judged by standard of ordinarily competent driver

Nettleship v Weston

5

Person does not have to do everything possible to prevent harm, only what a reasonable person would do

Etheridge v East Sussex CC

6

Reasonable man is free from over confidence and over apprehension

Glasgow Corporation v Muir

7

Professional standard - D must exercise the ordinary skill of an ordinary competent man exercising that particular art (not the highest expert skill

Bolam

8

For children test is the reasonable child of D's age

Mullins v Richard

9

Junior doctor judged by standard of reasonably competent doctor in that field

Wilsher v Essex HA

10

Jeweller ear piercing = standard of reasonable jeweller

Philips v William Whiteley

11

DIY fanatic = standard of reasonable man, not carpenter

Wells v Cooper

12

professionals claiming to possess greater skill than that normally possessed by member of their profession still judged by standards of the ordinary reasonable member of their profession

Wimpey Construction v Poole

13

If the defendant takes on a task that he ought to know is beyond his capabilities, that may be evidence in itself of negligence

Greaves v Baynham

14

elderly man suffered stroke whilst driving. he was judged according to the standard of a reasonably competent driver. He should have stopped as soon as he realised he was being affected

Roberts v Ramsbottom

15

lorry driver crashed after suffering hypoglycaemic state. There was no evidence that he knew that his ability to drive had been impaired ā€“ judged against a reasonably competent driver who is unaware that he is suffering from such a condition

Mansfield v Weetabix

16

When the defendant is participating in sports, provided he uses reasonable care to play by the rules, he will not be liable to other participants or spectators

Condon v Basi

17

Even if the game amounts to horseplay rather than organised sport, there may be no breach unless Dā€™s conduct amounts to recklessness or a very high degree of carelessness

Blake v Galloway