
OSCOLA referencing
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The decision in Mullin v Richards14 confirmed in English law the test of the standard of care required of child defendants, following the Australian case of McHale v Watson.15 The defendant in Mullin was a child aged 15 and Hutchison LJ said that in determining whether she had been negligent the question
... is not whether the actions of the defendant were such as an ordinarily prudent and reasonable adult in the defendant's situation would have realised gave rise to a risk of injury, it is whether an ordinarily prudent and reasonable 15-year-old schoolgirl in the defendant's situation would have realised as much.16
14 Mullin v Richards [1998] 1 WLR 1304 (CA).
15 McHale v Watson (1966) 115 CLR 199.
16 Mullin (n 14) 1308.