2. Breach of Duty/Standard of Care

Question 1

Vaughan v Menlove

Answer 1

D liable for not taking precautions such as reasonable man would have taken in insuring against fire

Question 2

AC Billings v Riden

Answer 2

Reasonable man is not a ‘paragon of circumspection’

Question 3

Nettleship v Weston

Answer 3

Learner driver judge by standard of ordinary competent driver

Question 4

Glasgow Corporation v Muir

Answer 4

Reasonable man is neither and unduly timorous nor overly confident

Question 5

Bolam v Friern Hospital

Answer 5

Professional standard is that of ‘ordinary competent man’ in that profession

Question 6

Mullin v Richards

Answer 6

Children: Standard is that a reasonable child of D’s age

Question 7

Philips v William Whitely

Answer 7

Jeweller who undertook ear piercing was required to possess skill of reasonable jeweller, not that of a surgeon

Question 8

Wells v Cooper

Answer 8

DIY man expected to reach standard of reasonable man, not experienced carpenter

Question 9

Wimpy Construction v Poole

Answer 9

Where professional claims to have greater skill than average, charged by standard of ordinary member of profession

Question 10

Roberts v Ramsbottom

Answer 10

Driver having stroke judged according to standard of reasonable competent driver – should have stopped car soon as realised his driving was being affected

Question 11

Mansfield v Weetabix

Answer 11

Lorry driver who crashes vehicle after suffering a hypoglycaemic state should be charged in comparison with reasonably competent driver unaware that he is suffering a condition that impairs his ability to drive

Question 12

Condon v Basi

Answer 12

Demands of sport will be taken into account in establishing standard of care

Question 13

Maynard v W Midlands HA

Answer 13

Dr who acted in accordance with common practice adopted by reasonable body of medical practitioners held not to be negligent

Question 14

Bolton v Stone

Answer 14

No liability after C injured by a cricket ball hit out of ground – very rare occurrence

Question 15

Pearson v Lighting

Answer 15

Golfer whose ball bounced off the tree and hit another player liable because foreseeable that this might happen in circumstances

Question 16

Paris v Stepney BC

Answer 16

D liable for not providing goggles when C had only one good eye

Question 17

Latimer v AEC

Answer 17

No breach where only way of of fully guarding against risk would have been to close doen factory

Question 18

Roe v Ministry of Health

Answer 18

Anaesthetist found not liable in respect of injuries caused by contaminated anaesthetic when at time of injury possibility of contamination not appreciated by medical profession

Question 19

Watt v Hertfordshire County Council

Answer 19

No breach where fireman injured in fire engine on way to answer emergency call as a result of equipment improperly secured during transit

Question 20

Ward v London County Council

Answer 20

Negligence found to exist where fire engine jumped red traffic light

Question 21

Scott v London and St Katherine Docks

Answer 21

Res ipsa loquitur

Question 22

Mahon v Osborne

Answer 22

Res ipsa loquitur applies where swab left inside patient

Question 23

Blyth v Birmingham waterworks

Answer 23

D must behave as reasonable man would in all the circumstances

Question 24

Re Herald of Free Enterprise

Answer 24

Common practice itself held to be negligent