ASSIGNMENT QUESTION

“In most cases involving negligence, it is generally evident that a duty of care exists between
the defendant and claimant. The key legal issue for the courts is to determine whether or not
the actions of the defendant have sufficiently met the reasonable standard of care required of
the defendant under the circumstances, that is based on the “reasonableman test”. The
application of the reasonableman test would depend on the circumstances of each case”.
With reference to case examples, critically evaluate the factors that the court would take into
consideration to establish whether a defendant has breached the standard of care required of
him or her.

Introduction: 400 words

- What is negligence? Law act
- Explain Tort
- How to prove negligence? Explain the 4 elements of proving negligence
- What is duty of care?
- Define reasonableman’s test

FOUR case studies: 450 words each

1st case (ordinary situation): breach of care in F&B industry
(Donoghue v Stevenson [1932] AC 562)
2nd case: reasonableman test
(Nettleship v Weston [1971] 2 QB 691)
3rd case: breach of care in professional industry (healthcare - doctor)
(Bolam v Friern [1957] 1 W.L.R. 583, 587)
4th case: breach of care in high-risk sports (race racing? Bungee jumping? Skydiving?)
(Hall v Brooklands Auto-Racing Club [1933] 1 KB 205)

critically evaluate the factors that the court would take into consideration to establish whether
a defendant has breached the standard of care required of him or her.  discuss the 4
elements of standard of care (whether they have fulfilled it)
- Reasonable man test
- Factors affecting breach – magnitude of risk, seriousness of injury, how practical the
precautions/steps to be taken by a person
- Cost benefit analysis – social requirements/public/society considerations
- Negligence misstatement - Consequential or pure economic loss?
- Any special proximity relationship?

Conclusion: 300 words

- summarise issues relating to standard of care discussed
- Provide a personal opinion as to whether the courts need to review (if at all) as to how
they take into consideration the factors affecting the standard of care.