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Are there objective standard problems relating to the law in tort?
Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006
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Are there objective standard problems relating to the law in tort In applying 'objective standard' the court takes little account of the personal characteristics of the defendant. Whether it is correct that a defendant can be held liable even though he or she is already taking all the care which he or she could possibly take in pursuing a specific act is a contentious issue that is illustrated in Nettleship v Weston [1971] 3 All ER 581. This case is a clear illustration of the objective standard of care. The defendant was a learner driver and the plaintiff, a friend of the family, had agreed to give her driving lessons. On the third lesson, the car mounted a pavement and struck a lamp-post. The plaintiff sued the defendant for personal injury. The Court of Appeal held the learner driver to be negligent for driving below the standard of the 'reasonable driver,' that...
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