Breach of Duty

Question 1

What does breach legally mean and by what standard is it judged?

Answer 1

Falling below the standards of a reasonable man.

Question 2

How is the test judged?

Answer 2

Objectively - judged against the standards of a reasonable man and what he would’ve done in the circumstance.

Question 3

Professionals

Answer 3

(Bolam v Friern Hospital)
- judged by the standards of equally skilled professionals e.g. doctors.

Question 4

Children

Answer 4

(Mullins v Richards) - judged against children of the same age.

Question 5

Drivers

Answer 5

(Nettleship v Weston) - learner drivers are compared with experienced drivers.

Question 6

How is the reasonable man question decided?

Answer 6

There are a number of tests which provide guidance as to whether D has fallen below the standards.

Question 7

1. Magnitude of risk

Answer 7

(Bolton v Stone) - cricket ball in garden 6 times in 30 years - risk of injury is so small that D was not negligent in playing with no extra precautions.

Question 8

2. Vulnerability

Answer 8

(Paris v Stepney Borough Council) - C had one eye - risk of harm was increased - D failed to provide safety goggles

Question 9

3. Cost of taking precautions

Answer 9

(Latimer v AEC) - put sawdust on the floor to stop slips - C slipped - D took reasonable practical precautions

Question 10

4. Social utility

Answer 10

(Watt v Herefordshire) - the emergency of the situation and utility of D’s conducts in saving a life outweighed the need to take precautions.

Question 11

5. Knowledge of the danger

Answer 11

(Roe v Minister of Health) - anaesthetic got contaminated - the risk wasn’t foreseeable and was an unknown risk at the time.