Mchale v Watson (no 2)

JurisdictionAustralia Federal only
Neutral Citation[1966] HCA 13
Year1966
Date1966
CourtHigh Court
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21 cases
  • Stephen Doyle v Patrick Smith
    • United Kingdom
    • Queen's Bench Division
    • 2 November 2018
    ...and reasonable child of the defendant's age, not that of the ordinary, prudent and reasonable person generally: see McHale v Watson (1966) 115 CLR 199 in the High Court of Australia, followed in Mullin v Richards [1998] 1 WLR 1304. … 130 … is there some principle that requires the law to ex......
  • Jack Aaronson Aka Dominic Ford v Marcus Stones Aka Mickey Taylor
    • United Kingdom
    • King's Bench Division
    • 13 October 2023
    ...and reasonable child of the defendant's age, not that of the ordinary, prudent and reasonable person generally: see McHale v Watson (1966) 115 C.L.R. 199 in the High Court of Australia, followed in Mullin v Richards [1998] 1 W.L.R. 1304. … 130 … is there some principle that requires the la......
  • Dunnage v Randall
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 2 July 2015
    ...is not necessarily an answer ….The mental derangement…cannot…. be wholly disregarded…..But the test will still be objective …. " 44 In McHale v Watson (1966) 115 CLR 199 the defendant twelve year old hit a nine year old in her eye when he threw a rod at a post off which it glanced. He had n......
  • Nominal Defendant v Haslbauer
    • Australia
    • High Court
    • Invalid date
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1 firm's commentaries
  • What is contributory negligence?
    • Australia
    • Mondaq Australia
    • 21 March 2023
    ...If there is a claim against a child, courts consider the child's capacity to foresee the consequences of their actions (McHale v Watson [1966] HCA 13). The Importance of Seeking Legal If you are facing charges involving negligence, it is highly advisable to seek legal advice. JB Solicitors ......
2 books & journal articles
  • THE STANDARD OF CARE FOR CHILDREN ENGAGED IN ADULT ACTIVITIES: NOT EXACTLY CHILD'S PLAY.
    • Canada
    • University of British Columbia Law Review Vol. 53 No. 2, December 2020
    • 1 December 2020
    ...supra note 32 at 625. (58) See Moran, supra note 14 at 110-20. (59) See ibid. Professor Moran's main case study is McHale v Watson, [1966] HCA 13, 115 CLR 199 [McHale cited to CLR]. The various judgments in McHale refer to boyhood in a number of key passages. See e.g. ibid, McTiernan ACJ (s......
  • Child (in civil wrongs).
    • Canada
    • McGill Law Journal Vol. 66 No. 1, September 2020
    • 1 September 2020
    ...Interpretation, and Constitution of Law in Children's Literature" (2003) 15:1 L & Literature 87. McHale v Watson (1966) 115 CLR 199, [1966] ALR 513. Saper v Calgary (City of) (1979), 21 AR 577, 1 ACWS (2d) 172 Sendak, Maurice, In the Night Kitchen, 1st ed (New York: Harper & Row, 19......

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