Glasgow Corporation v Muir

The standard of care is that of the reasonable person, which is an objective standard, and a person is only liable for consequences that a reasonable person would foresee.

Citation
[1943] AC 448
Court
House of Lords
Year
1943
Subject
Tort Law
Topic
Breach of duty

Facts

A group of children was waiting at a shop in a park run by Glasgow Corporation, to buy sweets. The manageress allowed a picnic party to carry a large urn of hot tea through the shop. One of the men carrying the urn slipped, and the tea scalded several children. The children sued the corporation, claiming that the manageress had been negligent in allowing the urn to be carried through the shop while children were there.

Legal principle

The House of Lords held that the corporation was not liable. Lord Macmillan said that the standard of foresight of the reasonable man is an impersonal test, which eliminates the personal equation and is independent of the idiosyncrasies of the particular person whose conduct is in question. The manageress had no reason to anticipate that the men would slip, so there was no foreseeable risk of injury, and she had not been negligent.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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