O i should the standard be subjective or objective

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particular circumstances of the case? o (i) Should the standard be subjective or objective? Vaughan v Menlove (1837): The d built a haystack on his property, built it right on the edge on the boundary of his property. He was warned by many neighbors that he had to do it in a particular way because if he didn’t there was the risk of spontaneous ignition and a fire. The d didn’t believe them. So he built it the way he believed was the safest, the best. 5 weeks later it spontaneously ignited and burnt down the p’s house. P sued him in neg. had he behaved as a reasonable person? He truly thought he was doing the best, did he breach his doc? What test was used? If he got away with him doing his best, it’s very subjective. Want to use an objective standard, not a subjective standard. One that stays the same, not one that changes to fit the d. that’s what this court said: d is negligent. What he is personally capable of doing and whether he did his best is irrelevant, it’s an objective standard, not subjective. the second point is relevance of insurance. The courts rarely are upfront in talking about this but in some cases know there is insurance (personal injuries from car accidents and workplace accidents- both guaranteed to have insurance policy behind them) that means the court knows if they find the d liable the insurance company will pay for it. Will see the soc in these types of cases extremely high. The court knows it’s ultimately insured. In other cases where they’re not sure if there’s insurance then the soc is normal. The courts use an objective standard; they’re not concerned with moral blameworthiness, eg whether d did the worst thing they could do or if they did their best, just comparing them to an objective standard. Objective but what characteristics does a rp have? Objective standard but some subjective elements relevant (defendant’s characteristics). Eg d is driving home and hits someone- they’re soc is a licensed, experienced driver. Figure out which characteristics the d has which will be relevant when trying to determine what a rp would do. Different characteristics. Personal characteristics (emotional, intelligence) are not looked at but other characteristics are: e.g. Age (if under 18- after 18 just considered an adult) and depending on the situation. (a 10 yr old driving a car would be looked at as a reasonable driver but if d is a 10 yr old in a park then compared with a reaonsbale 10 yr old). o (ii) Minority – relevant if properly in situation ( McHale v Watson ) McHale v Watson (1966) : 12 yr old boy with a piece of metal threw it, hitting a girl in the eye . Girl sues for negligence. Standard of a reasonable 12 yr old. Standard by which measured should not be against a reasonable adult but against a child of the same age, intelligence and experience. Want objective standards but take in to account some subjective standards too.
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