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Key Case | Orchard v Lee (2009) | Negligence - Breach of Duty - Children

Level:
A-Level, BTEC National
Board:
AQA, Edexcel, OCR, IB, Eduqas, WJEC

Last updated 4 Sept 2022

When the court is dealing with a child defendant, the question for the court was whether the defendant’s actions had fallen below the standard that should objectively be expected of a child of that age.

CASE SUMMARY

Claimant: Lee – a lunchtime supervisor

Defendant: Orchard - 13 year old school boy

Facts: The defendant was playing tag with another pupil of the same age when he ran into the claimant causing her injury.

Outcome: Not liable

Legal principle: A child is judged by the standards of a reasonable child of his age rather than a reasonable adult. Unlike an adult defendant, the level of carelessness required for breach of duty by a child will be very high. The defendants conduct was normal for that of a 13 year old playing a game of tag.

Orchard v Lee (2009) | A-Level Law | Key Case Summaries | Tort

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