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Consider the following cases: Boltonv. Stone; The Wagon Mound (No.2); Latimer v. AEC; Parisv. StepneyBC . How far did the judges in those cases rely on the type of analysis proposed by Hand J.?
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- Mon Jun 19 2006
Have a little read: ... Tort Essay Consider the following cases: Bolton v. Stone; The Wagon Mound (No.2); Latimer v. AEC; Paris v. Stepney BC. How far did the judges in those cases rely on the type of analysis proposed by Hand J.? What results should follow from the application of that analysis, in your view? In the tort of negligence in English law a person is assessed against the standard of the ordinary reasonable person. The standard of the ordinary reasonable person can be varied where respondents (such as doctors) possess a particular skill; this means they will be assessed by the standard of the ordinary reasonable person with that skill (e.g. ordinary reasonable doctor). An effort to approach a more clear definition of the basic negligence standard was made by Judge Learned Hand in a number of cases. Judge Hand expressed this approach as, "The degree of care demanded of a person by an occasion is
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