Breach Flashcards
1
Q
If defendant can show he has acted in accordance with a practice usually followed by others in that field, he may escape liability
A
Maynard v West Midlands HA
2
Q
Court can rule that the common practice is negligent
A
Re Herald of Free Enterprise
3
Q
Magnitude of risk
A
Bolton v Stone (cricket ball)
Pearson v Lightening (golf ball)
4
Q
State of the art
A
Roe v MOH
5
Q
Seriousness of injury
A
Paris v Stepney
Watson v British Boxing Board
6
Q
Practicality of precautions
A
Latimer v AEC
7
Q
Utility/potential benefit of defendant’s conduct
A
Watt v Hertfordshire CC (fireman injured)
Ward v London CC (fireman red light)
8
Q
There must be damage. Excessive dust not damage
A
Hunter v Canary Wharf
9
Q
Where mother has healthy child, she has suffered no loss even if her own health deteriorates
A
R v Croydon
