Breach of duty Flashcards

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1
Q

Blyth V Birmingham waterworks

A
  • reasonable man test

- Ordinary person performing the particular task reasonably competently

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2
Q

Bolton V stone

A
  • Degree of risk
  • Ball only hit out the ground 6 times in 30 years
  • Low risk of harm
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3
Q

Haley V London Electricity

A
  • High risk of harm

- court would expect them to take more steps to eliminate or minimise the risk

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4
Q

Paris V Stepney borough council

A
  • Potential seriousness of harm
  • higher standard of care required
  • C already blind in one eye lost use of the other eye after carrying out work and was failed to be provided goggles
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5
Q

Latimer V AEC Ltd

A
  • Practicality of taking precautions
  • D’s precautions to prevent accident were sufficient
  • Cost of closing factory would have been disproportionate to the risks involved
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6
Q

Nettleship V western

A

-Learner drivers be compared to reasonably competent qualified drivers

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7
Q

Mullins V Richards

A

-Children judged against a reasonable child of the same age

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8
Q

Bolam V Friern Barnett Hospital

A

-Experts judged against a reasonable body of expert opinions

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