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The case of Allen v Chadwick [2015] HCA 47 [6.2.12C] . Which of the following factors or circumstances, personal to a defendant (or a plaintiff
The case of Allen v Chadwick [2015] HCA 47 [6.2.12C]. Which of the following factors or circumstances, personal to a defendant (or a plaintiff charged with contributory negligence) are relevantly taken into account when assessing whether the person has met the objective standard of reasonableness; and which factors are considered idiosyncratic and irrelevant to applying the objective reasonableness test?
- The physical circumstances (eg, location, time, weather) in which persons finds themselves.
- Being of a panicky or helpless disposition.
- Pregnancy
- Intoxication
- Mental illness
- Suffering a physical disability eg poor hearing, epilepsy
- Being in a relationship of significant power imbalance, eg, as a victim of domestic violence
- Gender
- Knowledge (or lack of knowledge) of specific facts, eg of where you are and how far from town you are
- Knowledge (or lack of knowledge) of specific facts is the result of an extraordinary failure of observation.
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