2. Breach of Duty/Standard of Care Flashcards
Vaughan v Menlove
D liable for not taking precautions such as reasonable man would have taken in insuring against fire
AC Billings v Riden
Reasonable man is not a ‘paragon of circumspection’
Nettleship v Weston
Learner driver judge by standard of ordinary competent driver
Glasgow Corporation v Muir
Reasonable man is neither and unduly timorous nor overly confident
Bolam v Friern Hospital
Professional standard is that of ‘ordinary competent man’ in that profession
Mullin v Richards
Children: Standard is that a reasonable child of D’s age
Philips v William Whitely
Jeweller who undertook ear piercing was required to possess skill of reasonable jeweller, not that of a surgeon
Wells v Cooper
DIY man expected to reach standard of reasonable man, not experienced carpenter
Wimpy Construction v Poole
Where professional claims to have greater skill than average, charged by standard of ordinary member of profession
Roberts v Ramsbottom
Driver having stroke judged according to standard of reasonable competent driver – should have stopped car soon as realised his driving was being affected
Mansfield v Weetabix
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
Condon v Basi
Demands of sport will be taken into account in establishing standard of care
Maynard v W Midlands HA
Dr who acted in accordance with common practice adopted by reasonable body of medical practitioners held not to be negligent
Bolton v Stone
No liability after C injured by a cricket ball hit out of ground – very rare occurrence
Pearson v Lighting
Golfer whose ball bounced off the tree and hit another player liable because foreseeable that this might happen in circumstances
Paris v Stepney BC
D liable for not providing goggles when C had only one good eye
Latimer v AEC
No breach where only way of of fully guarding against risk would have been to close doen factory
Roe v Ministry of Health
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
Watt v Hertfordshire County Council
No breach where fireman injured in fire engine on way to answer emergency call as a result of equipment improperly secured during transit
Ward v London County Council
Negligence found to exist where fire engine jumped red traffic light
Scott v London and St Katherine Docks
Res ipsa loquitur
Mahon v Osborne
Res ipsa loquitur applies where swab left inside patient
Blyth v Birmingham waterworks
D must behave as reasonable man would in all the circumstances
Re Herald of Free Enterprise
Common practice itself held to be negligent
