In considering whether the standard of care expected of a particular defendant has been breached, courts have had recourse to the balancing test (also known as the weighing test) set out at common law and now established in statute. Which of the following is NOT a consideration when applying the balancing test to the conduct of a defendant? Select one: a. The remoteness of damages. b. The expense and inconvenience that might be required to reduce the risk. c. The likely seriousness of the potential harm. d. The probability of the risk of injury.
Question
In considering whether the standard of care expected of a particular defendant has been breached, courts have had recourse to the balancing test (also known as the weighing test) set out at common law and now established in statute. Which of the following is NOT a consideration when applying the balancing test to the conduct of a defendant?
Select one:
a. The remoteness of damages.
b. The expense and inconvenience that might be required to reduce the risk.
c. The likely seriousness of the potential harm.
d. The probability of the risk of injury.
Solution
The option that is NOT a consideration when applying the balancing test to the conduct of a defendant is:
a. The remoteness of damages.
The balancing test, also known as the risk-utility test, is used to determine whether a defendant has breached their duty of care. It involves weighing the risk of harm against the utility of the defendant's conduct. The remoteness of damages is not a factor in this test. Instead, it is considered separately after a breach of duty has been established.
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Define balance
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