Breach of Duty

Question 1

What is the meaning for the reasonable man in Blyth v Birmingham waterworks?

Answer 1

An ordinary person performing a task reasonably competently.

Question 2

How would you know if their is a breach of duty

Answer 2

If the defendant falls below the standard of care which a reasonable man would take, there is a breach.

Question 3

What could be a factor impacting the standard of care

Answer 3

They can raise at lower standards.

Question 4

What could be a case for special characteristics of the claimant? ( When the reasonable man takes more care when the situation demands)

Answer 4

Paris v Stepney borough council one eye welder given no goggles, owed a duty of care because of increased risk.

Question 5

What could be some cases for special characteristics of the defendant?

Answer 5

Oridnary person - Wells v Cooper
Children - Mullins v Richards
Learners - Nettleship v Weston
Professionals - Bolam v Frien

Question 6

What happened in Wells v Cooper

Answer 6

Fit a door handle like an ordinary man

Question 7

What happened in Mullins v Richards

Answer 7

Held that a reasonable 15 year old would not foreseen the risk of harm with playing with rulers.

Question 8

What happened in Nettleship v Weston

Answer 8

A learner is held to the same standard of all people

Question 9

What happened in Bolam v Frien

Answer 9

they are operating to the standard expected under a known and accepted procedure

Question 10

What could be a case for foreseeable risk?

Answer 10

Roe v Ministry of Health - Aesthetic was stored in a way which it could be contaminated (not known at the time)

Question 11

What could be some cases for size of the risk? (The greater the risk, the greater care that needs to be taken)

Answer 11

Bolton v Stone ( cricket ball hit passer by) and Hayley v London electricity board ( Tripped over a tool identifying where a hole was, he was blind and didn’t see it)

Question 12

What could be a case for have all precautions been taken (Looks at striking a balance between the risk and the cost and effort of taking adequate precautions)

Answer 12

Latimer v AEC - the floor in the factory was slippery after it had a flood and even though warning signs were placed on ten floor people still got injured from slipping and the courts decided all precautions was taken so no care was needed.

Question 13

What could be a case for any benefits of the risk being taken? (This is an idea that in an emergency there may be situations which give rise to justifiable risks

Answer 13

Watt v Hertfordshire CC - fire fighters were injured by lifting gear while travelling in a vehicle not specifically fitted for carrying that gear.

Question 14

What is the proof of breach

Answer 14

the general rule that all three elements of negligence must be established

Question 15

What is res ipsa loquitor

Answer 15

Things speak for themselves, this is where the claimant has to show that the defendant was in the control of the situation that caused injury and the injury was more likely than not to have been caused by negligence

Question 16

What happens if ten claimant can show the two things in res ipsa loquitor

Answer 16

The burden of proof moves to the defendant to show that they was not negligent (Pearson v NW gas board)

Question 17

What are all the cases for Res Ipsa Loquitor?

Answer 17

Scott v St Katherines Docks, Mahon v Osbourne and Pearson v NW gas board.

Question 18

What happened in Scott v St Katherines Docks

Answer 18

The claimant was waiting along the dock and was hit by a bag of sugar that fell on his the head, res ispa loquitour was present so the C did not have to prove that the dock company was negligent.

Question 19

What happened in Mahon v Osbourne

Answer 19

swab left in patients body, held the doctor was under wholly control and was negligent in his death

Question 20

What happened in Pearson v WW gas board

Answer 20

a gas pipe exploded and ruined a woman’s house while killing her husband, the gas company was NOT negligent as all safety precautions was taken, it was due to the cold and not their own being.