Breach Flashcards
1
Q
Is allowing certain characteristics in breach to be considered fair?
A
Yes
2
Q
Is the size of the risk considered in breach?
A
Yes if avoiding the risk is burdensome
3
Q
If a risk taken is a benefit to society is it fair that is is allowed?
A
Yes
4
Q
True or false. Defendants are not judged by the knowledge out at the time
A
False they are judged by the knowledge at the time
5
Q
How is judging what is reasonable in breach unfair?
A
Reasonableness is objective
6
Q
Does breach take into account experience or just the standards?
A
Just the standards negative
7
Q
Can a defendants actions be reasonable even if professionals disagree?
A
Yes unfair breach
8
Q
What sets acceptable standards in breach and is it fair?
A
‘Commen practice’ unfair
