Breach of duty.

Question 1

next it must be established d has breached their duty

Answer 1

-d will be compared to the reasonable person
-as in blythe, they must not have fallen bellow the standard of care expected in the D’s position

Question 2

second establishment for a breach

Answer 2

various characteristics that affect the standard of care expected

Question 3

nettleship v weston

Answer 3

will be compared to the competent person in that role (e.g learner driver to competent driver)

Question 4

bolam

Answer 4

d is a profession compared to the standard of a professional in that field

Question 5

mullin v richards

Answer 5

d is a child, compared to the reasonable child of the age

Question 6

third requirement

Answer 6

-size of risk
magnitude of harm
balance of cost/effort to risk of harm
taking the risk providing any social benefit
if the risk was know about

Question 7

size of risk

Answer 7

bolton v stone
higher risk of harm, higher standard of care

Question 8

magnitude of harm

Answer 8

paris v sbc
if the risk of harm is likely to be more serious, d owes higher duty of care

Question 9

balancing risk of harm against cost and effort of preventing it

Answer 9

latimer, if it was easy & cost effective, courts expect d to take action

Question 10

if the risk provided any social benefit

Answer 10

watt
if taking the risk provided any social benefit, if benefit outweights risk, standard of care may be met

Question 11

if d was aware of the risk

Answer 11

roe v ministry of health
unaware= cannot be expected to try & prevent the harm