Special Standards
The standard of "the man on the Clapham omnibus" is not applied in all cases, since this might lead to unfairness. There are defendants for whom this standard is much too low and would exonerate an obvious wrongdoing. In other cases, the standard may be seen as too demanding of the defendant in the circumstances. The most common examples are the cases of specialist defendants, inexperienced defendants and child defendants.
Read more about this topic: Breach Of Duty In English Law
Famous quotes containing the words special and/or standards:
“There is special providence in the fall of a sparrow. If it be now, ‘tis not to come; if it be not to come, it will be
now; if it be not now, yet it will come—the readiness is
all.”
—William Shakespeare (1564–1616)
“There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
—H.L.A. (Herbert Lionel Adolphus)