A higher standard of care is owed where the client has an identified impairment
A worked RES examination question on negligence duty of care, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
Given Mr Nadarajah's diagnosed condition, which statement most appropriately describes what Wei Sheng owed him?
The answer, and why
Answer: A
The rule. A higher standard of care is owed where the client has an identified impairment. Age alone does not raise it, and no formal declaration of incapacity is required.
Why A is correct. A diagnosed condition materially affecting his ability to follow documents and weigh alternatives is an impairment.
The other options.
- B treats conversational ability as answering the point.
- C attributes the higher standard to age.
- D requires a formal authority to have been granted.
Exam note. Impairment is about decision-making, not about sociability or self-presentation.
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