What would a reasonable agent do in the circumstances? (//Bolton v Stone//, //Paris v Stepney//)
[[Was the action performed by the Defendant the disclosure of medical risks to a patient?->(Montgomery)]]
[[Is the Defendant a minor?->(Mullins)]]
[[Is the action performed by the Defendant one which calls for the exercise of professional judgement (so that a court would not be in a position to assess what would be a reasonable course of conduct)?->(Bolam)]]
[[Is the Defendant inexperienced/newly qualified?->(Nettleship/Wilsher)]](//Montgomery//): //Bolam// test does not apply (subject to 'therapeutic privilege' (see Hobson article)). Instead doctors must warn patients of any risk to which a reasonable person in the Claimant's position would attach significance and diclose alternatives.(//Mullins//): What would a reasonable child of the Defendant's age do in the circumstances?(//Bolam//) test applies: is there an established body of professional opinion which supports the Defendant's action as being reasonable? (//Bolitho//) - the court will not accept this opinion if it feels it cannot be logically supported.(//Nettleship/Wilsher//): This is irrelevant. Defendant will be held to the standard of the reasonable qualified agent in the circumstances regardless of experience.