From: | Tsachi Keren-Paz <t.kerenpaz@law.keele.ac.uk> |
To: | obligations@uwo.ca |
Date: | 14/06/2009 22:05:19 UTC |
Subject: | reasonable mistake and the reasonable person |
Dear colleagues,
Can anyone refer me to discussion (in either case law or literature) of the question whether reasonableness in the context of a reasonable mistake (for example mistake about the claimant’s consent to touching in battery) is to be judged by the same or different considerations as reasonableness in the context of standard of care in negligence?
Any thoughts of whether the tests should be the same/similar/different?
Best wishes
Tsachi