Orchard v Lee

Orchard v Lee

A 13 year old boy playing tag in a designated play area, not breaking any rules and acting within the norms of such a game, does not fall below the standard of care required of a child of that age and is not liable in negligence for accidental injury caused in the course of play.

Parties
Appellant: Orchard; Respondent: Lee
Jurisdiction
England and Wales
Judgment Date
03 April 2009
Procedural Posture
Civil Appeal / Appeal From Trial Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Standard of Care for Children, Personal Injury, Duty of Care
Tort Law Negligence Standard of Care for Children Personal Injury Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Orchard

Appellant

Lee

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court Judgment

Legal Issues

  1. 1 Whether a 13 year old boy playing tag at school owed and breached a duty of care to a lunchtime supervisor injured in a collision
  2. 2 What is the appropriate standard of care for children in negligence cases

Ratio Decidendi

A 13 year old boy playing tag in a designated play area, not breaking any rules and acting within the norms of such a game, does not fall below the standard of care required of a child of that age and is not liable in negligence for accidental injury caused in the course of play.

Court Disposition

Appeal dismissed