Breach of Duty

Question 1

what is the definition of breach of duty?

Answer 1

(Blyth v Birmingham Waterworks Co.)-d breaches his duty if he fails to reach the standard of care of the reasonable man-the standard will vary depending on whether d has a special characteristic

• learner
• professional
• young people

Question 2

what is the first special characteristic?

Answer 2

the learner-(Nettleship v Weston)-learners are judged at standard of competent more experienced person

Question 3

what is the second special characteristic?

Answer 3

professional-(Bolom v Friern Barnett Hospital Management Committee)

1. does d’s conduct fall below the standard of the ordinary competent member of that profession
2. is there a substantial body of opinion within the profession would support the course taken by d?

Question 4

what is the third special characteristic?

Answer 4

young people-(Mullin v Richards)-when d is not an adult, standard expected is of a reasonable person of d’s age

Question 5

what is a risk factor?

Answer 5

• consider the standard of the reasonable man performing the task in the circumstances
• may raise or lower the standard expected

Question 6

what is the first risk factor?

Answer 6

special characteristics of c-(Paris v Stepney Borough Council)-if d knows particular vulnerabilities of c, higher standard expected

Question 7

what is the second risk factor?

Answer 7

size of risk-(Bolton v Stone)-lower the risk, lower the standard, higher the risk, higher the standard

Question 8

what is the third risk factor?

Answer 8

practical precautions-(Latimer v AEC)-d will have acted reasonably if he has taken reasonable precautions

Question 9

what is the fourth risk factor?

Answer 9

benefits of taking the risk-(Watt v Hertfordshire County Council)-if benefit of taking the risk, will be balanced with the risk-when reacting to emergency, greater risks can be taken and therefore lower standard