Professional Documents
Culture Documents
D
Standard of Care for P: A person is guilty of CN if he ought reasonably
to foresee that, if he did not act as a reasonable prudent man, he migt hurt
himself; and in his reckonings he must take into account the possibility of
others being careless (Jones v Luvox Quarries Ltd [1952])
I.
of his profession.
Wheeler v Copas
P (bricklayer) borrowed ladder from farmer fell while
[1981]
carrying heavy things on it
50% reduction: professional bricklayer should
know ladder not safe for carrying heavy things
Chan King Wan &
2 scaffolder died when partly constructed scaffold outside
Anor v Honest
a bay window detached danger faced was too obvious Scaffold General
court held P (deceased) liable for contributory
Contractor Co Ltd &
40% reduction for joint liability (Ps), D2 liable for
Anor (No 2) [2000]
60%
Hondon
P (purchaser) failed to alert Ds (solicitors) about
Development Ltd &
difference between provisional sale & purchased &
Anor v Powerwise
formal agreement. P bought land of lesser value & sued
investments Ltd &
D. Solicitors pleaded contributory negligence for D not
Ors [2006]
telling them.
CN failed because even if D alerted P, no
difference either way.
II. Children where child P is concerned, the degree of care
reasonably expected of him is that of child in his situation (Lynch v
Nurdin (1841))
Wong Shek Hung v
Ps figure was injured when she tried to slow the speed of
Pentecostal Lam Hon the spring door by slipping her finger on the edge
Kwong School [2001] spring door malfunctioned & closed rapidly
No CN because childs young age
Malfunction door: does not cost much to avoid
injury
Ho Kwai Loy v Leung P (6 years old boy) ran in response of a call from her
Tin Hong & Anor
sister - ran out behind a parked car got knocked down by
[1978]
oncoming vehicle
No CN because it depends on whether in that
HKCU 2524
P should bear 30% of liability.
V. Car Passenger: act of not wearing a seatbelt or a helmet is
unreasonable, hence, considered as acting below the reasonable
standard of care
#3 Causation `