Breach of duty Flashcards

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1
Q

Reasonable person test

A

The D must reach the standard of care expected of a reasonable person in this position as in Blyth

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2
Q

Learners

A

Standard of learners is that of a competent, more experienced person (Nettleship v Weston)

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3
Q

Professionals

A

Standard of professionals is that of the ordinary skilled man exercising and professing to exercise that special skill (Bolam)

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4
Q

Children

A

Standard of children is that of a competent child of the same age (Mullins v Richards)

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5
Q

Risk factors

A

Size of the risk
Magnitude of likely harm
Cost and effort of preventing it
Social benefit

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