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McHale v Watson

N. M. Haener N. M. Haener August 12, 2024 8 min read
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McHale v Watson (1966) examined child negligence cases standards. B. Watson, a 12-year-old boy, threw a metal object that accidentally injured 9-year-old S. McHale. The Court ruled that children are judged by the standard of a reasonable child of similar age, not by adult standards.

McHale v Watson - case summary - negligence liability - child negligence - reasonable care - australia
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🏛️ Court: High Court of Australia
🗓️ Judgment Date: 1 January 1965
🗂️ Where Reported: [1965] 1 WLUK 17; 115 C.L.R. 199
📍 Jurisdiction: Australia

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⚖️ Legal Principles

1️⃣
Standard of Care for Children: The case established that children are held to a standard of care appropriate to their age, intelligence, and experience. This means a child’s actions are evaluated based on what could reasonably be expected from a child of similar age rather than applying an adult's standard of care.

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