ACCA LW · Chapter 5 · Question 3 of 11
A cricket ball was hit out of a ground and injured a passer-by. Balls had left the ground only a handful of times in many years. In Bolton v Stone, why was the cricket club held not to be in breach of duty?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) The risk of injury was so small that a reasonable person would not have taken further precautions
Explanation
Breach is assessed by comparing the defendant's conduct with that of a reasonable person, considering the probability of harm, its seriousness, the cost of precautions and the social value of the activity. In Bolton v Stone the likelihood of injury was very small, so the club was not negligent in failing to take further steps. The case did not turn on the absence of a duty, consent or remoteness.
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