Breach Flashcards
Objective standard
Nettleship v Weston - reasonable man
Criteria for breach
Likelihood of harm Magnitude of harm Utility of Ds conduct Relative cost of precautions Attributes of D
Likelihood of harm
Bolton v Stone
Magnitude of harm
Paris v Stepney Borough Council (Welder)
Utility of Ds Conduct
Da Born v British Tramways (ambulance)
Relative cost of precautions
Latimer - “no need to go to great expense”
Attributes of D
Minor
Mullins v Richards
Attributes of D
Profession/skill
Bollam Test/Bollitho - act in accordance with proper responsible body
Attributes of D
Special knowledge
Baker v Quantum Clothing
Abrath
Proving fault - he who affirms must prove
Res Ipsa Loquitur
Act wouldn’t occur in the normal course of things
D has exclusive control of the thing causing harm
No other explanation
Res Ipsa Loquitur
Act wouldn’t occur in the normal course of things
Scott v St Katherine Docks
Res Ipsa Loquitur
D has exclusive control of things causing harm
Cassidy v MoH
Res Ipsa Loquitur
No other explanation
Barkway
