Risk factors

• When judging if D has breached their standard of care the Courts will take into consideration the level of risk involved in Ds action.
• Miller v Jackson [1977]


  The reasonable person takes more care where there is a higher chance of damage. Size of the risk.
• Paris v Stepney BC [1951]


  The reasonable person takes more care where potential harm to V is more serious. Seriousness of the risk.
• Latimer v AEC [1952]


  The reasonable person would take all practical steps to prevent damage. Practicability of precautions.
• Watt v HCC [1954]


  The reasonable person would take on the risk if the risk is outweighed by a significant benefit. Potential benefit of the risk.
• risk factors:

  1. Size of the risk
  2. Seriousness of the risk
  3. Practicability of precautions
  4. Potential benefit of the risk
• Bolton v Stone [1951]


  Where there is a smaller risk of damage, a reasonable person would not take as much care. Size of the risk.
• Practical steps

  Steps that are quick, cheap and easy.