Breach of Duty Flashcards
what is the test for breach of duty
the reasonable man test
describe the reasonable man test
an objective test to see if a reasonable man of ordinary levels of skills/ knowledge would act the same in that situation
are special characteristics taken into account for the rmt
no
what are the 3 special characteristics and the cases associated with them
learners (Nettleship v Weston)
professionals (Bolam Principle)
children (Mullin v Richards)
what are learners compared to
fully qualified people
what are professionals compared to
ordinary skilled members of the same profession
what are children compared to
ordinary children of the same age
what happened in Nettlship v Weston
C injured while teaching D to drive, Weston liable and compared to qualified driver
what happened in Bolam v Frierm HMC
C went under electro convulsive therapy and suffered fractures even tho relaxants should’ve reduced the risk but the practice was accepted by other doctors
what happened in Mullins v Richards
two 15 yo girls playing with rulers, one snapped and one girl was blinded, not liable due to age
what case established breach of duty
Blyth v Birmingham Waterworks co (1856)
what happened in Blyth v Birmingham Wateeworks co
BWco lay water pipes around Birmingham, 25 years after installation the water main spring a leak however no bod
what are the 4 risk factors and the cases associated with them
1) degree of damage (Bolton v Stone)
2) potential seriousness of harm ( Paris v Stephneh BC)
3) Cost and Practicality ( Latimer v AEC)
4) Social Utility ( Watt v Herefs CC )
what happened in Bolton v Stone
C injured standing on road hit with cricket ball, unlikely so not liable
what happened in Paris v Stephney BC
C blind in one eye, company didn’t provide welding goggles, metal went into eye so completely blind, liable
