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Question: In Glasgow Corporation v. Muir [1943] 2 A.C. 448, Lord Macmillan said:

“The standard of foresight of the reasonable man is in one sense an impersonal test. . . Some persons are by nature unduly timorous and imagine every path beset with lions; others, of more robust temperament, fail to foresee or nonchalantly disregard even the most obvious dangers. The reasonable man is presumed to be free both from over-apprehension and from over confidence.”

In the light of this statement, and with reference to decided cases, examine the factors to which the courts commonly have regard in determining the standard of care in negligence.

Answer: To succeed in a negligence claim, there has to be a breach of duty. There is a breach of duty, if the defendant did not exercise the standard of care expected of a reasonable person in the same situation. In deciding the standard of care, the court considers all the circumstances of the case and factors such as magnitude of risk and foreseeablility of harm. The courts also recognized (sic) that the reasonable man test cannot apply in certain situations. Following Blythe v Birmingham Waterworks Co. the standard of care expected is that of the hypothetical “reasonable person”. The test is objective and does not consider the defendant’s personal characteristics, as confirmed in Glasgow Corporation v Muir. As it was stated to (sic) an “impersonal test”. The test does not consider ......(short extract)

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Details: - Mark: 74% | Course: Tort Law | Year: 2nd/3rd | Words: 1217 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 752

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