Breach Of Duty Flashcards
Breach of duty
Reasonable man test
Risk factors
Case that stated use reseasonabel man test
Blythe V birmingham water works
Did D behave as reasonable person
How are professionals judge in reasonable man
Bollom
Professionals judged as professionals not average person
Learners and inexperienced
Nettleship V western
Seen at reasonable
Learner or inexperienced status ignored
Children
Seen as children
Bullin V ridards
4 risk factors
Degree of probability harm will be done
Magnitude of likely harm
Cost and practically of preventing risk
Potential benefit to risk
Case for degree of probability that harm will be done
BALTON V STONE
Case magnitude of likely harm
Paris V stephney
- serious or extent of harm
Cost and practically of preventing risk
Latimer V Aec
Potential benefit to risk
Da born V bath tramways