Breach of Duty

Question 1

‘learner driver’ case

Answer 1

Nettleship V Western
- Learner drivers passenger was injured in crash
- Established driver was expected to meet some standard as qualified and competent driver
- found guilty

Question 2

‘Magnitude of likely harm’ case

Answer 2

Paris V Stepney Borough Council
- Paris, a mechanic blind in one eye
- employers were aware but didnt provide Paris with extra protection like goggles
- his good eye was damaged by metal that hit his eye
- employers argued that is was abnormal to supply goggles
- counter was because of his disability they should have taken greater care.
- employer was liable.

Question 3

‘Potential benefits of risk’ case

Answer 3

Daborn V Bath Tramways
- claimant was hit by left-hand drive ambulance
- court of appeal held lower standard of care as ambulance driver was acting in the public good
- not guilty.

Question 4

‘Children’ case

Answer 4

Mullin V Richards

Question 5

‘Degree of probability that harm will be done’ case

Answer 5

Botton V Stone

Question 6

‘cost and practicality of preventing risk’ case

Answer 6

Latimer V AEC ltd

Question 7

‘professionals’ case

Answer 7

Bolam V Friern Hospital Management Committe