Breach Of Duty Flashcards

1
Q

Breach of duty

A

Reasonable man test
Risk factors

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2
Q

Case that stated use reseasonabel man test

A

Blythe V birmingham water works

Did D behave as reasonable person

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3
Q

How are professionals judge in reasonable man

A

Bollom
Professionals judged as professionals not average person

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4
Q

Learners and inexperienced

A

Nettleship V western
Seen at reasonable
Learner or inexperienced status ignored

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5
Q

Children

A

Seen as children
Bullin V ridards

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6
Q

4 risk factors

A

Degree of probability harm will be done
Magnitude of likely harm
Cost and practically of preventing risk
Potential benefit to risk

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7
Q

Case for degree of probability that harm will be done

A

BALTON V STONE

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8
Q

Case magnitude of likely harm

A

Paris V stephney
- serious or extent of harm

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9
Q

Cost and practically of preventing risk

A

Latimer V Aec

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10
Q

Potential benefit to risk

A

Da born V bath tramways

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