Breach Of Duty

Question 1

Breach of duty

Answer 1

It must be proven that there has been a breach of duty.
The definition comes from Alderson B in Blyth V Birmingham Waterworks as he said a breach has occurred if the D does something a reasonable wouldn’t do or fails to do something a reasonable person would do
The D will be judged against the standards of a reasonable and competent person

Question 2

Professionals and experienced people

Answer 2

Will be judges against the standards of other professionals in the same career eg doctor
Bolam - was the D’s actions in accordance with a professional body of medical opinion? No breach

Question 3

Learners and inexperienced people

Answer 3

Judged by the standards of an experienced person for example in Nettleship V Weston the learner driver was judged by the standards of a competent driver and so there was a breach

Question 4

Children

Answer 4

Children we are judged by the standards of other children as in Mullins v Richards

Question 5

Risk factor - probability of the risk happening

Answer 5

If the chance of the risk is happening then the D does not have to take as much precautions compared to if the risk was high as seen in Bolton V Stone

Question 6

Risk factor - magnitude of the risk

Answer 6

If the size of the risk is large and the consequences are severe the D will be expected to take greater precautions for example in Paris v Stepney with the 1 eyed welder

Question 7

Risk factor - cost and practicality

Answer 7

Latimer - no breach as it was not practical to shut the factory and the company did take reasonable measures to prevent an accident