General Negligence, at the breach stage
Question:
In General Negligence, at the breach stage, when setting the standard of care against which the defendant’s conduct should be measured, the court will almost always
impose an objective standard on that defendant.
1. What is meant by an ‘objective standard’?
2. Why does the court almost always impose this standard?
3. Are there any situations where the court would apply a subjective standard? If so, why?
4. To what extent do you agree with the approach taken by the court?
Write an essay that addresses all of the questions above. You may, if you wish, give all questions equal weight, or select one or more questions to focus on in more
detail than the others. Whichever option you