A child aged eight injures a passer-by while playing with a toy. How is the child's standard of care assessed?
Answer and explanation
Correct answer: B. By the standard of a reasonable child of the same age
- Step 1: In Mullin v Richards the court applied the standard of an ordinary child of the same age.
- Step 2: The question is whether an ordinarily prudent and reasonable child would have foreseen the risk.
Answer
By the standard of a reasonable child of the same age.
Why not the others: An adult standard applies to adults; a subjective worst standard is not used; children can owe a duty.
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