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Tallal Sued Fiona for Negligence

Question 78

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Tallal sued Fiona for negligence.She admits that she owed him a duty of care and that she caused his injury.She insists,however,that she cannot be held liable because she did not breach the standard of care.While she committed an act that would,in normal circumstances,be considered clearly careless,she did so while suffering from a severe mental illness.Is it possible for Fiona to escape liability on that basis? Explain your answer.

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The reasonable person test is used to de...

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