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#breach #negligence #tort
In Mullin v Richards [1998] 1 All ER 920, the defendant and claimant were both 15 year-old school girls. The claimant was injured when a piece of plastic ruler broke off during a ‘play fight’ and hit her in the eye. The Court of Appeal held that the correct test is whether a reasonable and careful 15 year-old would have foreseen the risk of injury. On the facts of the case, the two schoolgirls could not reasonably have foreseen any significant risk of the likelihood of injury.
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