Breach of duty

Question 1

Part 1

Answer 1

In order to prove d has breached their duty they will e compared to the reasonable person as in Blyth. their standard must not fall below the standard of acre of someone in that position.

Question 2

Part 2.1

Answer 2

First standard of learners should be compared to experienced drivers as in nettleship v weston

Question 3

Part 2.2

Answer 3

Secondly standard of professionals should be compared to other professionals in the same profession as in Bolam v Friern hospital and managment comittee

Question 4

Part 2.3

Answer 4

Thirdly standard of children should be compared to other children of the same age as in Mullin v richards

Question 5

Part 3

Answer 5

The courts must consider the risk factors when deciding the level of care owed by d

Question 6

Part 3.1

Answer 6

Firstly, the size of the risk is considered. The higher the risk, the higher the standard of care owed as in bolton v stone

Question 7

Part 3.2

Answer 7

Secondly, the magnitude of likely harm must be considered. The d will owe a higher duty of care if the risk of damage/ injury is likely to be more serious for the C as in Paris v stepney BC

Question 8

Part 3.3

Answer 8

Thirdly, the courts will balance the risk of harm against the cost and effort of preventing it. If it was easy and cheap to prevent the risk courts expect the D to have prevented the risk. As in Latimer v AEC

Question 9

Part 4

Answer 9

courts will consider whether taking the risk provided any social benefit as in Watt v Hertfordshire police