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Torts 2017 Template for the Exam - Includes all Related Cases
JURD7161 - Torts
31 Pages • Topic Notes • Year: Pre-2021
McHale v Watson (HCA (a boy hit a girl by bolt)) Facts: Barry Watson, aged 12, threw a piece of scrap metal of bolt, which he had sharpened at one end at a hardwood post expecting it to stick in the post. The dart either missed he post or hit it and glanced off and hit nine-year-old Susan McHale, who was standing near the post. Susan was blinded in one eye. Judgment: McTiernan ACJ: Ø Windeyer J [the trial judge] said in his reasons for judgment: “It has been strongly urged for the plaintiff that, in considering whether Barry was negligent, I must judge what he did by the standard expected of a reasonable man, and that that standard is not graduated according to age” Ø In Glasgow Corporation v Muir Lord Macmillan said: “The standard of foresight of the reasonable man is, in one sense, an impersonal test.” Ø His Honour considered that the defendant, being a boy of twelve years, did not have enough maturity of mind to foresee that the dart might glance off the post in the direction of Susan if he did not make it hit the post squarely, and that there was a possibility that he might not succeed in doing so. Ø General principle that a young boy who cannot be classified as a grown-up person cannot be guilty of negligence in any circumstances. o Kitto J:But it does not follow that he cannot rely in his defense upon a limitation upon the capacity for foresight or prudence, not as being personal to himself, but as being characteristic of humanity at his stage of development and in that sense normal.
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