breach of duty

Question 1

what case to use

Answer 1

Blyth v Birmingham Waterworks

Question 2

Blyth v Birmingham Waterworks

Answer 2

pipes burst in freak frost because they met the standard of other companies, that it would stand up to a normal harsh winter

NOT BREACHED DUTY OF CARE

Question 3

How do we determine if there is a breach of duty

Answer 3

To determine if there is a breach of duty the courts are looking to see if the defendants behaviour falls below the standard expected which is that of reasonable person

Question 4

Nettleship v Weston

learners

Answer 4

On the third lesson of the defendants driving lesson, she failed to straighten up after turning a corner and injured the claimant
- The court decided that she should be judged at standard of a competent driver and not the inexperienced learner

BREACHED DUTY OF CARE

Question 5

Mullins v Richards

children’s

Answer 5

Two girls who are 15 are play fighting with plastic rulers at school, One rulers snapped and entered the claimants eye, losing all sight in that eye
- Court decided that it had to meet standards of school not an adult

NOT BREACHED DUTY OF CARE

Question 6

Bolam v Friern Hospital

professionals

Answer 6

Claimant suffering from mental illness and treatment at the time was electric shock, he signed consent form but not told the risk of broken bones and was not given relaxants
-His pelvis broke but at the time you could even give relaxants or not, the court stated that they followed one of the actions so not breach duty of care

Question 7

mention it how in structure?

Answer 7

1. Reasonable man (Blyth v Bham Waterworks)
2. Learners do not a lower duty of care (Nettleship V Weston)
3. Children (Mullins v Richards)
4. Professionals (Bolam v Friern Hospital)

Question 8

what do we use if there is no professional, learner or child involved

Answer 8

compare to a reasonable man