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#breach #negligence #tort
In some situations it may not be clear what standard to apply. The Court of Appeal in Wilsher suggested that the test should be based ‘on the act and not the actor’. This means that the task being performed will determine the standard of care, (as was stated at the beginning of this chapter.) In other words, so-called problem cases are probably not so problematic after all, if one remembers that the court will look at the task being undertaken, and attach the standard to that task. If it is something normally undertaken by the ordinary man, then the test will be that of a reasonable man. If it is a more complex task normally undertaken by a professional, then the Bolam standard will be expected.
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