• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month
Page
  1. 1
    1
  2. 2
    2
  3. 3
    3
  4. 4
    4
  5. 5
    5
  6. 6
    6
  7. 7
    7
  8. 8
    8
  9. 9
    9
  10. 10
    10
  11. 11
    11
  12. 12
    12
  13. 13
    13
  14. 14
    14
  15. 15
    15
  16. 16
    16
  17. 17
    17
  18. 18
    18
  19. 19
    19
  20. 20
    20
  21. 21
    21
  • Level: GCSE
  • Subject: Law
  • Word count: 6052

Study the concept of Reasonable man and reasonability in tort law.

Extracts from this document...

Introduction

PROJECT ASSIGNMENT TORTS-1 THE CONCEPT OF REASONABLE MAN Submitted by PRANEETH RAMANAVARAPU VARUNADITYA CHIRUMAMILLA I.D NO- 1352 I.D. NO- 1376 1ST YEAR 1ST TRIMISTER DATE OF SUBMISSION- 6TH SEPTEMBER NATIONAL LAW SCHOOL OF INDIA UNIVERSITY NAGARBHAVI, BANGALORE TABLE OF CONTENTS TABLE OF CASES...............................................................................3 RESEARCH METHODOLOGY ...............................................................4 INTRODUCTION................................................................................5 CHAPTER1.........................................................................................6 CHAPTER 2.......................................................................................9 CHAPTER 3........................................................................................16 CONCLUSION ....................................................................................20 BILBIOGRAPHY..................................................................................21 TABLE OF CASES ENGLISH CASES 1. Blythe v Birmingham (1856) 11 Exch 781 at 784 2. Bolam v Friern [1957] 2 ALL E.R. 118 3. Brown v Rolls Royce[1960] 1 All E.R. 577. 4. Caminer v Northern [1962] 2 ALL E.R. 978. 5. Carmarthenshire county council v lewis[1991] AC 549, HL 6. Cavanagh v Ulster Weaving Co Ltd[1959] 2 All E.R. 745. 7. Corporation v Markland[1936] AC 360, HL 8. Daly v Liverpool corporation [1939] 2 ALL E.R. 142 9. Haseldine v Daw & Son ltd [1941] 3 ALL E.R. 156. 10. LPTB v Upson[1949] 1 ALL E.R. 60. 11. McHale v Watson (1956) 111 CLR 384 12. Mersey Docks Trustees v Gibbs(1866) LR 1 Hl 93. 13. Roberts v Ramsbottom [1980] 1 ALL E.R. 7. 14. Vaughan v Menlove (1837) 3 Bing NC 468 at 474 15. Wells v Cooper [1958] 2 ALL E.R. 527. 16. Whitehouse v Jordan[1981] 1 WLR 246 at 258, HL 17.Wooldridge v Sumner [1962] 2 ALL E.R. 978 INDIAN CASES 1. Lala Bishambar Nath Vs. The Agra Nagar Mahapalika, MANU/SC/0127/1973. 2. M.S. Grewal vs. Deep Chand Sood ,MANU/SC/0506/2001 3. Municipality of Bhiwandi and Nizampur Vs. Kailash Sizing Works, MANU/SC/0025/1974 4. State of J. and K. Vs. Zarina Begum, MANU/JK/0147/2002. 5. The Municipal Corporation of Greater Bombay Vs. Shri Laxman Iyer, MANU/SC/0836/2003. REARCH METHODOLOGY AIM AND OBJECTIVE The basic aim of this project is to study the concept of Reasonable man and reasonability in tort law. An attempt has been made to study this through various cases and basic development over time. SCOPE AND LIMITATIONS The scope of the concept of reasonability in torts is very vast. ...read more.

Middle

In Bolam v Friern8 Hospital Management Committed it was held that a doctor who conforms to practices accepted as proper by some reasonable member of his profession is not liable merely because would take a different view. Similar instances can be found in other professions too. In the case of Wells v Cooper9, a householder fitted a new door handle so insecurely that the plaintiff, when pulling it lost his balance and was injured. The court held that the householder was required to show the standard of care, not of a professional but that of a reasonable competent carpenter doing such a trifling domestic job. If the householder employed a professional carpenter no doubt the latter would be under a contractual duty to him to use the skill of a professional. Where the man had not held himself out as having special skill, he is not liable when he shows average skill in the circumstances although he has a special skill. 6. Reasonable man in sport When negligence is alleged in course of playing sport, the fact that the object of competitive sport is to win and that spectators attend sporting occasions to see competitors exhibit their skill at the game will be relevant. So in Wooldridge v Sumner10 it was held that where a show jumper was concentrating his attention and exerting his skill to complete his round of the show jumping circuit this must be taken into account in determining whether a momentary misjudgment constituted negligence. By contrast in Condon v Basi11 a footballer sued in negligence when he suffered a broken leg as a result of a tackle by the defendant found by the referee to be serious foul play. The defendant was held liable and upholding the judgment, at first instance the Court of Appeal held that a clear breach of the rules of the game would be a relevant but not conclusive consideration in deciding whether there had been actionable negligence. ...read more.

Conclusion

decide on a particular aspect or definition it has not played a major role in deciding who is guilty or deciding any other substantial point of law. Hence this again reinforces our earlier opinion that the concept of reasonable man has had very little importance in our case history. Conclusion The reasonable man, the creation of case law as we have seen has made his presence felt in the west as well as our own country. It is very commendable that the judges were able to come up with such a creative solution to create a rough yardstick which proved to be an immensely useful tool to solve various cases, especially those related to the tort of negligenc. At this point there can be no satisfied explanation as to why this concept has not been very popular with the Indian judiciary. However it might only be a matter of mentioning the reasonable mans name in the judgments as we could clearly see that the Indian judiciary too used the test of reasonability quite often. Thus we could say that instead of not being used, the concept of reasonable man was just not mentioned in India. The English judiciary however has usd their creation very widely and had even made it the central issue while deciding certain judgments. This could be interpreted as the judges trying to put their reasoning in more acceptable words while writing judgments. Nevertheless there has been great weightage attached to what the reasonable man would have said, seen or done. The discussion about treasonable man could be ended by quoting Lord Radcliffe, "By this time, it might seem that the parties themselves have become so far disembodied spirits that their actual persons should be allowed to rest in peace. In their place there rises the figure of the fair and reasonable man. And the spokesman of the fair and reasonable man, who represents after all no more than the anthropomorphic conception of justice, is, and must be, the Court itself.... ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Automatism is generally considered to be a state in which a person has no ...

    5 star(s)

    If, for example, the defendant takes dangerous drugs, making him at fault in bringing about the autonomic state, he has a defence to crimes of 'specific intent', but not to those of 'basic intent'. Lipman (1970); Bailey (1983). In the case of Bailey, D would have a defence if he

  2. Marked by a teacher

    Law of Evidence - R v Kearley

    5 star(s)

    of words spoken by a person not called as a witness which are said to assert a relevant fact by necessary implication are inadmissible as hearsay. Essentially, the majority held that implied assertions are inadmissible as hearsay, applying the cases of Wright v Doe D Tatham9, Myers v DPP10 and R v Blastland11.

  1. Marked by a teacher

    Law - Resulting trusts

    4 star(s)

    However, it was clear that the position would have been different if the couple had been husband and wife and the house purchased in the wife's name only. In such a case, the fraudulent motive would mean that the husband would not be allowed to enforce his interest in the property.

  2. Marked by a teacher

    abortion research

    4 star(s)

    Is it Ethical to Give Birth to an Unwanted Child?: While anti-choice activists like to hype supposed examples of women having abortions to keep their careers alive, it's far more common that women have abortions because they feel unable to properly care for the child.

  1. Criminal Law (Offences against the person) - revision notes

    Conviction overturned R v Kennedy (1998) - Kennedy sold a ready made syringe of drugs. The victim used it, overdoses and dies. Offence was 'encouraging the misuse of drugs' 3. The crime has to be a dangerous crime In addition to the act needing to be criminal, case law has confirmed on several occasions that the act must be dangerous.

  2. The Law Relating to Negotiable Instruments

    The effect of the above provisions is that- (i) A promissory note cannot be originally made 'payable to bearer,' no matter whether it is payable on demand or after a certain time. It must be made 'payable to order' initially.

  1. It is a matter of record there is no such thing as a right ...

    considerable public speculation going on, and therefore there was genuine public interest, and also the fact that she courted public attention gave her a less ground to object to the intrusion which followed. This example highlights the working of the PCC, and how the media attempts to maintain individual privacy, in balance with the freedom of the press.

  2. In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within ...

    A trust may be declared inter vivos7 without the need to satisfy any formal requirements. With regards to declaring a trust over a legal interest in land, s. 53 of the Law of Property Act requires that any interest in land must be proved by a document signed by the settlor, or proved by the testators will.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work