Breach of duty

Question 1

What is the standard to show that there has been a breach of duty

Answer 1

‘The objective standard of care and the ‘reasonable man’

Question 2

What case demonstrates the reasonable man/person?

Answer 2

Vaughan v Menlove - The defendants argument that he used his best judgement was not relevant - and his actions were judged objectively

Question 3

What case demonstrates the reasonable learner?

Answer 3

Nettleship v Weston - (driver) ‘Learners are judged at the standard of the competent, more experienced person’

Question 4

What case demonstrates the reasonable professional?

Answer 4

Wilsher v Esex Area Health Authority - a junior doctor’s actions were judged at the standard of a qualified doctor

Question 5

What case demonstrates the reasonable child?

Answer 5

The standard of a reasonable person of the defendant’s age at the time of the accident. This is shown by the case of Mulin V Richards

Question 6

What principles came from the case of Bolam?

Answer 6

• Does the defendants conduct fall below the standard of the ordinary competent member
• Is there a substantial body of opinion within the profession that would support the course of action taken by the defendant

Question 7

What are the risk factors the court needs to consider if there is a breach of duty?

Answer 7

• The standard of care should be raised or lowered
• The reasonable person would have taken more or fewer risks
• Has the claimant any special characteristics
• Were the risks known about at the time of the accident
• Is there a public benefit to the risk

Question 8

What case demonstrates vulnerable victim?

Answer 8

Paris v Stephney Borough council - Are there any special characteristics to be taken into account?

Question 9

What case demonstrates size of the risk?

Answer 9

Bolton v stone - Greater care should be taken if there is a higher chance of injury

Question 10

What case demonstrates cost of taking precautions?

Answer 10

Latimer - The risk involved should be balanced against the cost and effort of taking precautions

Question 11

What case demonstrates knowledge of the risk?

Answer 11

Roe v Minister of Health - Was the risk known at the time?

Question 12

What case demonstrates public benefit?

Answer 12

Watt v Hertfordshire - Greater risks can be taken in emergencies