{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

Time for assessing risk a failure to meet the

Info icon This preview shows pages 15–18. Sign up to view the full content.

View Full Document Right Arrow Icon
-Time for Assessing Risk A failure to meet the standard of care may not always be at the same standard. In Roe v Minister for Health (in which two guys who received anaesthetic became paraplegic as at the type it was not known to dip anaesthetic in dye to test it first) it was held that the standard should be judges by the standard of a reasonable person at the time. 2. The calculus of negligence: Was the defendant’s response to that risk reasonable? (s 48(2) Wrongs Act)
Image of page 15

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Not at all determinative, the court weighs up the Different factors to determine liability The way to discover this is set out in s. 48(2) Wrongs Ac t- The negligence Calculus: In determining whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following (amongst other relevant things)— (a) The probability that the harm would occur if care were not taken; The greater the risk of harm occurring, the greater degree of care required for the reasonable person standard to be satisfied. Where the risk of harm is very low, the reasonable person does less to guard against it, and thus it pushes towards the reasonable standard being lower (Bolton v Stone- cricket club balls over safety fence, hit lady on head; held no breach, because the risk of harm was very lo w, it was quite unlikely to occur). However, it has to be considered along with the other factors (Romeo v Conservation Commission of NT- drunk girl fell off cliff, argued there should be a fence: so there was a cheap means of avoiding a catastrophe.: held, the risk of falling too low- but see other area s). * Hayne: the Plaintiff was not sober that night. Therefore the risk to be forseen was that that person adversely affected by alcohol would mistake the appearance of an area on the cliffs at night and walk off the edge of the cliff. (b) The likely seriousness of the harm; The more serious the consequences of the risk that eventuates are, the greater degree of care that is necessary for the reasonable person standard to be satisfied. If the damage would be very bad, the degree of care expected will be higher (Romeo v Conservation Commission of NT- falling off a cliff very dangerous, which suggested the fence should be put up. Only McHugh held that the duty was breached thoug h). The defendant’s knowledge of the plaintiff’s susceptibility will be taken into account when ascertaining the relevant standard
Image of page 16
(Paris v Stepney Borough Council- One eyed man in garage, metal flew off bolt and blinded good eye, sued employer for not giving him goggles; held there was breach because of the seriousness of consequence s). * Court found that while the risk is no greater than a risk to a two- eyed man, the dangers or consequences of such were much greater * The duty is that owed to the individual and not to the class; and it follows that the known circumstance that a particular workman is likely to suffer a graver injury than his fwlloes from the happening of a grave event is one which must be taken into consideration in assessing the nature of the employer’s obligation to the workman.
Image of page 17

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 18
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern