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  • 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.

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