Breach Of Duty

Question 0

What is ‘reasonable man’ and what kind of test is it?

Answer 0

A reasonable man is an ordinary person performing the particular task.
Objective test

Question 1

How does a breach if duty occur?

Answer 1

A breach of duty occurs when defendant falls below the standard expected of a reasonable man in that situation. Blyth v Birmingham Waterworks.

Question 2

What is the first characteristic?

Answer 2

Level of skill: wells v Cooper- person performing a DIY task is expected to reach the standard of a reasonably competent person attaching a door handle.

Question 3

What is the 2nd characteristic?

Answer 3

Learners: Nettleship v Western- learner drivers are expected to reach the standard of a reasonably competent driver

Question 4

What was the 3rd characteristic?

Answer 4

Professional: professionals are expected to reach the same standard as a reasonably competent professional using a known and accepted procedure. Bolam v Friern

Question 5

What is the 4th characteristic?

Answer 5

Children: children are expected to reach the standard of a reasonably competent child of that age

Question 6

There are 6 risk factors: what is the first one?

Answer 6

Size and magnitude of the risk:
The greater the risk, the greater the duty of care. Paris v Stepney Borough Council- one eyed welder owed greater duty of care due to increased risk of blindness

Question 7

What is the 2nd risk factor

Answer 7

Cost of preventing the risk: Bolton v Stone- building a dome is the only way to stop any balls going over fence. However it will be disproportionately expensive as only 6 balls had gone over in 30 years

Question 8

What is the 3rd risk factor?

Answer 8

Practicality of precautions: Latimer v AEC- company had taken all reasonable precautions after flooding, they were not in breach

Question 9

What are the last 3 risk factors that you usually apply if needed?

Answer 9

Disability/age (Mullins v Richards)- owed greater duty of care.
Common practice (Mullins v Richards)- in deciding if precautions taken by defendant are reasonable, court looks at general common practice in that area. 
Value of the activity (Watts v Hertfordshire CC) where fire rushed to crime scene with unsecured equipment. No breach here as risk was to benefit others