Breach of Duty

Question 0

Nettleship v Weston

Answer 0

In exercising a skill D is expected to show the skill and judgment of a reasonably competent and experienced person exercising that skill.

Question 1

Goldman v Hargrave

Answer 1

If D has had a risk thrust upon him rather than produced it by his own conduct, it is proper to have regard to what it was reasonable to expect of him in his particular circumstances (eg if he was infirm rather than able-bodied)

Question 2

Greene v Sookdeo

Answer 2

The margin of error accorded to D will be greater if D had to deal with an emergency.

Question 3

Roe v MOH

Answer 3

D is to be judged according to what was foreseeable according to contemporary standards (eg awareness of invisible cracks in ampoules) and not what was probable.

Question 4

Mullin v Richards

Answer 4

A child is to be judged by what is reasonable expected of a child of that age.

Question 5

Wells v Cooper

Answer 5

If D does not hold himself out as possessing a particular skill he will be judged by the standard of a reasonable person exercising that skill.

Question 6

Wilsher v Essex Health Authority

Answer 6

The standard expected of D would be that of the post held by him in the unit in which he operated regardless of his individual lack of experience or competence.

Question 7

Organ Retention Group Litigation

Answer 7

Even a generally accepted professional practice (e.g Not informing parents that organs might be retained from their children) may amount to negligence because “neglect of duty does not cease by repetition to be neglect of duty”.

Question 8

Bolam

Answer 8

If a doctor exercises his professional skill or judgment in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art he will be absolved of negligence EVEN IF a body of competent professional opinion would have adopted a different technique.

Question 9

Bolitho

Answer 9

Bolas does not apply if it can be shown that the opinion in question is not logically supportable at all.

Question 10

Thompson

Answer 10

There is generally an increase in the standard of care between generations of professionals (so D was held not be negligent because info on the ear protectors it was alleged he should have used was not widely available at the time he did the allegedly negligent act).

Question 11

Bolton v Stone

Answer 11

Where the likelihood of injury is low the standard of care will be correspondingly lower - “reasonable men do not act upon a bare possibility as they would a substantial risk.”

Question 12

Paris v Stepney BC

Answer 12

Where the injury to C, if it occurs, is likely to be very severe and D is aware of this, a higher standard of care will be warranted.

Question 13

Watt v Hertfordshire CC

Answer 13

Where the injury to C is risked for a very important object (e.g. To save life or limb) the taking of the risk is more likely to be reasonable.

Question 14

Bogle v McDonalds

Answer 14

The legitimate activities and objectives of others should not be curtailed by setting too stringent a duty of care.

Question 15

Tomlinson v Congleton

Answer 15

The courts will not impose on D a duty to protect C against obvious risks, especially if this would require him to curtail a socially useful activity.

Question 16

Latimer v AEC

Answer 16

The smaller the risk, the less willing the court will be to require of D onerous and costly precautions (here D had taken all reasonable precautions to reduce the small risk of someone slipping on the wet floor, he did not need to close down the whole factory)

Question 17

Knight v Home Office

Answer 17

Because statutory authorities cannot withdraw from their field of responsibility if they lack resources, they must be judged by the standard of what is reasonable to expect of an authority WITH THEIR POWERS AND RESOURCES in the circumstances of the case.

Question 18

Scott v London and St Katherine Dock Co

Answer 18

When D or his servants have a measure of control over the situation and the accident is of a type which does not normally occur without D’s fault the principle of res ipsa loquitur will apply.

Question 19

Woods v Duncan

Answer 19

If D can show there was no breach of duty on his part res ipsa loquitur will obviously fail.

Question 20

Ng v Lee

Answer 20

Res ipsa loquitur DOES NOT shift the burden of proof onto D; it remains on C throughout. The judge must consider the effect of D’s rebutting evidence on the cogency of the initial inference of negligence.

Question 21

J v North Lincolnshire CC

Answer 21

If D cannot offer an explanation of how the accident occurred but nevertheless seeks to show he has exercised all due care his evidence must be a COMPLETE ANSWER to the claim and this evidential burden will often be a very heavy one.

Question 22

Wagon Mound (No.2)

Answer 22

It is only justifiable to neglect a real risk of small magnitude if there is a valid reason (eg disproportionately large expense) for doing so. Bolton v Stone applies not to small but real risks, but rather risks small enough that in the circumstances a reasonable man would neglect them.

Question 23

French v Thames Valley HA

Answer 23

Bolitho’s gloss is more likely to be activated where the case does not turn on technical or difficult matters of medical judgment, but failure to take a simple precaution the need for which is obvious to the ordinary person considering the matter.

Question 24

Mansfield v Weetabix

Answer 24

If D causes damage due to an illness which afflicts him during his driving of which he could not reasonably be expected to be aware, the standard of care expected of D is that of a reasonably competent driver unaware that his condition made him unfit to drive.

Question 25

George v Eagle Air Services

Answer 25

Considering the improvements in aviation design and technology, the doctrine of res ipsa loquitur must apply for air crashes - crashes do not usually occur in the absence of default by someone connected to the aircraft’s design, manufacture or operation.