Breach Of Duty

Question 1

What is a breach of duty

Answer 1

A breach of duty occurs when the defendant falls below that standards expected of them

Question 2

What is the reasonable man

Answer 2

The defendant will be held to an objective standard off the reasonable man unless their characteristics require a different standard (Blythe v bww)

Question 3

Explain the relevant standard of care

Answer 3

• A professional will be judged against the standard of another reasonably competent professional in that area ( bolam v friern)
• a learner will be held to the standard of a competent personal carrying out that skill ( nettleship v weston)
• a child will be held to the standard of a reasonable child of the same age ( Mullins v richards)

Question 4

Apply the relevant standard of care to the scenario.

Answer 4

In this scenario, the — will be held to the standard of a —, which means that they will be compared to the actions of a reasonable —.

Question 5

Explain why the courts consider the risk factors in a cases

Answer 5

The courts may consider several risk factors when deciding whether the should increase or decrease the standard of care

Question 6

Explain the likelihood of the risk with a case

Answer 6

The courts would consider the likelihood of the risk. The higher the likelihood of the risk, the more care should be taken. ( Bolton v stone)

Question 7

Apply the likelihood or the risk to the scenario

Answer 7

The likelihood of — happening was high as —.

Question 8

Explain the ECP ( ease, cost and practicality) of precautions with a case

Answer 8

The courts will then consider whether the defendant would have taken precautions and how easy and practical it would have been to do so ( Latimer v AEC)

Question 9

Apply the ECP to the scenario

Answer 9

In this scenario — could have done — as it was easy, cheap and practical

Question 10

Explain the special characteristics

Answer 10

If the claimant has any characteristics that makes the potential seriousness of the risk greater, greater care is required ( Paris v Stepney)

Question 11

Apply the special characteristics

Answer 11

Are there any special characteristics? Is the person really younger or old or fragile?

Question 12

Explain the social utility

Answer 12

If it is found that there was a social benefit for the risk being taken, like an emergency, then it will be les likely that the defendant has breached their duty of care ( watts v Hertfordshire county council)

Question 13

Apply social utility

Answer 13

Is there a benefit to the risk happening? How would it help?

Question 14

Conclude cf the breach of duty

Answer 14

Therefore — has breached their duty of care, because they failed to do what a reasonable — would have done which is —