Which statement is NOT a factor of 'Qualified: Practicable'?

Which statement is NOT a factor of 'Qualified: Practicable'?

• A. Duty must be complied with irrespective of the situation
• B. Lower level of duty than Absolute
• C. Cost not a factor in determining compliance
• D. Requires that if something is technically feasible then it should be done

Answer: (A)

Reasonably practicable compliance means balancing the level of duty with the risk, effort, time, and cost involved. It allows for adjusting obligations based on what is feasible and proportionate in a given situation rather than applying an unconditional mandate. The statement that duty must be complied with irrespective of the situation describes an absolute obligation, not a practicable one. Under a qualified: practicable approach, you assess and apply measures proportionate to risk and resources, so insisting on always complying regardless of context is not a factor in determining what is practicable. The other ideas fit with this approach: there is an implied lower level of duty than absolute, and cost (and other factors) can influence what is considered practicable. Also, while feasibility matters, implementing every technically feasible measure isn’t required if it isn’t proportionate to the risk.

Reasonably practicable compliance means balancing the level of duty with the risk, effort, time, and cost involved. It allows for adjusting obligations based on what is feasible and proportionate in a given situation rather than applying an unconditional mandate.

The statement that duty must be complied with irrespective of the situation describes an absolute obligation, not a practicable one. Under a qualified: practicable approach, you assess and apply measures proportionate to risk and resources, so insisting on always complying regardless of context is not a factor in determining what is practicable.

The other ideas fit with this approach: there is an implied lower level of duty than absolute, and cost (and other factors) can influence what is considered practicable. Also, while feasibility matters, implementing every technically feasible measure isn’t required if it isn’t proportionate to the risk.