Breach of duty

Question 1

Breach of duty

Answer 1

D has fallen below the standard care expected in someone undertaking activity concerned

Question 2

Blyth breach of duty

Answer 2

Has to be shown that the D has acted carelessly.

Question 3

Reasonable man

Answer 3

Ordinary person performing a particular task

Question 4

How is a reasonable man judged?

Answer 4

Characteristics rarely taken into account
Objective test

Question 5

Learner driver as a competent driver

Answer 5

Weston

Question 6

Except young people and children

Answer 6

Mulin

Question 7

Except expertise professionals

Answer 7

bolam

Question 8

Risk factors affecting reasonable man test

Answer 8

Seriousness of harm
Likelihood of harm
Cost and practicality
Social utility

Question 9

Seriousness of harm

Answer 9

Greater potential for harm greater standard of care

Question 10

Seriousness of harm case

Answer 10

Paris

Question 11

Likelihood of harm

Answer 11

More probable harm higher standard of care

Question 12

Likelihood of harm case

Answer 12

Bolton

Question 13

Cost and practicality

Answer 13

All reasonably can do to prevent harm

Question 14

Cost and practicality case

Answer 14

Latimer

Question 15

Social utility

Answer 15

benefits to taking the risk

Question 16

social utility case

Answer 16

Watt