When should have known that he was unfit to

When
using objective test there are certain limitations when looking what reasonable
really means which can be understood by looking at the following cases. In the
case of Mansfield v Weetabix1 Legatt J held that the
same standard of care should be applied in this case to the defendant as a
competent driver who is not aware of his medical condition. He also said that
it is important that the courts should take his condition into account or else
it will be strict liability which is not acceptable in tort law.

 

Aldous
agreeing with Legatt J made another point that it can be noted the defendant
was not aware of his condition and how his driving will be affected by it. So,
he didn’t fall below standard of care.2But in the case of Roberts v Ramsbottom3 Neill J keeping the facts
of the case in view said that the defendant would only be not liable if his
actions were totally out of his control but he had some control on his actions
he will be liable. However, the courts found that he had some control and was
not totally in loss of consciousness so he was liable for being negligent.

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Also he
was liable on the ground that he should have known that he was unfit to drive
from the previous accident.4Standard of care of a
reasonable man is not absolute as the defendant cannot be expected to predict
and guarantee that others will be completely safe and they won’t suffer any
kind of loss in his presence. Only a certain type of minimum standard of
behavior is required to prove that defendant is blameworthy for his actions.5 .In the case of Etheridge v East Sussex County Council 6it was held that a person
does not always has to do everything he possibly can to prevent harm rather
they have to reach the standard of what a reasonable person would do.

 

The
claim failed in this case as the school had procedures and systems to prevent
such accident and the school was not responsible to give absolute guarantee of
safety of every one present in school area.7 Now looking at the other
test that is subjective test this answer will further discuss what this test
really is? How and when it will be used. Subjective standard is measured at
looking at one individual solely. In other words the defendant that what he
actually did, believed, or understood.8

 

In subjective
standard rather than looking at what a reasonable person would have done in the
similar circumstances it takes into consideration the mindset of the