breach of duty

Question 1

standard of the reasoanble man case

Answer 1

blythe v birmingham waterworks

Question 2

objective standard

Answer 2

judgement based on observable phenomena and uninfluenced by emotions or personal prejudice

Question 3

case which said standard left up to judge in presiding case to decide

Answer 3

glasgow corps v muir- Lord macmillan

Question 4

case which said D will be judged against similar professional (if a body of professional opinion agrees with their actions)

Answer 4

bolam v friern hospital- ‘bolam principle’

Question 5

no allowance for learners case

Answer 5

nettleship v weston

Question 6

Judged against child of similar age case

Answer 6

mullin v richards

Question 7

4 factors court considers whether D has fallen below standard of care

Answer 7

degree of risk
potential seriousness
cost and practicality of precautions
importance of activity

Question 8

degree of risk case

Answer 8

bolton v stone

Question 9

potential seriousness case

Answer 9

paris v stepney bc

Question 10

cost and practicality of precautions case

Answer 10

latimer v aec ltd

Question 11

importance of the activity case

Answer 11

watt v herts cc

Question 12

What is the negligence standard NOT and what case is it said in

Answer 12

A standard of perfection. roe v moh ‘we must not look at a 1947 incident with 1954 spectacles.’

Question 13

Which case involved a man having a stroke (unknowingly) and driving regardless?

Answer 13

Roberts v ramsbottom

Question 14

Which case said unawareness of illness lifts the standard?

Answer 14

Mansfield v weetabix.

Question 15

Which standard tried to prevent an Unrealistically high standard of care?

Answer 15

Learned hand formula
B = burden of precautions
P = probability
L = gravity of loss
B < LP liability 
B > LP no liability

Question 16

Which cases said LH formula works if we apply it as a balancing exercise rather than a precise formula?

Answer 16

Wagonmound

Bolton v stone

Question 17

Professional standard of care - what are the counter policy arguments?

Answer 17

Claimant is the one injured Conaghan said judges have duty to protect

Question 18

What did Cane say about proving negligence?

Answer 18

‘It can’t be proved that person was negligent; one can merely argue that a person was negligent and hope to persuade the judge’

Question 19

What is the reasonable man defined as?

Answer 19

The man on the clapham omnibus - Bowen in Hall v Brooklands

The traveller on the London Underground. Steyn in McFarlane.