Breach Of Duty

Question 1

What test do we use for Breach of Duty?

Answer 1

Bolam

Question 2

D is a trainee/ junior, what case is applied and why?

Answer 2

Nettleship v Weston- trainees are judged against the standard of a competent/qualified person carrying out that particular skill.

Question 3

D was carrying out DIY, what case is applied and why?

Answer 3

Wells v Cooper- an amateur carrying out DIY will be judged against the standards of a reasonable amateur DIYer providing the work carried out was of the type which should reasonably be carried out by an amateur.

Question 4

D was… years old, what case is applied and why?

Answer 4

Mullen v Richards- it is clear that a child will be judged against the standards of a reasonable person of his/her own age.

Question 5

The courts will consider three risk factors when trying to establish whether D has fallen below the standard of a reasonable… What are they?

Answer 5

The Degree of Risk- high/low (Bolton v Stone)
The Seriousness of the Risk- high/low (Paris v Stepney B.C.)
The Practicality (Cost) of Taking Precautions- high/low (Latimer v AEC)
Therefore D has/has not breached their duty and has/has not fallen below the standard of a reasonable…(Bolam)