Breach Of Duty

Question 1

Reasonable man standard authority

Answer 1

Blyth v Birmingham Waterworks Co

Question 2

No account is taken of D’s personality

Answer 2

Glasgow Corporation v Muir

Question 3

D’s inexperience is irrelevant

Answer 3

Nettleship v Weston

Question 4

D’s mental or physical impairments are not taken into account

Answer 4

Roberts v Ramsbottom

Question 5

D is not liable when under the effects of disabling condition that he was not aware of

Answer 5

Mansfield v Weetabix Ltd

Question 6

Responsibility is only removed if D is robbed of 100% if reasoning by mental illness

Answer 6

Dunnage v Randall Insurance UK Ltd

Question 7

In the case of an emergency, D’s conduct should not be judged with hindsight

Answer 7

Parkinson v Liverpool Corporation

Question 8

Reasonableness is judged as to what is foreseeable at the time of the negligence

Answer 8

Roe v Ministry of Health

Question 9

Not all foreseeable risks need to be taken into account

Answer 9

Bolton v Stone

Question 10

Must take into account magnitude of the risk

Answer 10

Miller v Jackson

Question 11

Must take into account the severity of possible damage

Answer 11

Paris v Stepney BC

Question 12

Attempting to save a life may justify higher levels of risk

Answer 12

Watt v Hertfordshire CC

Question 13

Taking risks in the curse of recreational persists may be more difficult to justify

Answer 13

Barnes v Scout Association

Question 14

Should weigh risk against difficulty in eliminating it

Answer 14

The Wagon Mound No2

Question 15

Following accepted practice is usually good evidence to prove reasonable care

Answer 15

Morris v West Hartlepool Steam Navigation Co Ltd

Question 16

Accepted practice can be found to be negligent in itself

Answer 16

Cavanagh v Ulster Weaving Co Ltd

Question 17

Bolam test authority

Answer 17

Bolam v Friern Hospital Management Committee

Question 18

2 parts of Bolam Test

Answer 18

Does he exercise the skill of an ordinary competent man exercising that particular art
Has he acted in accordance with practice accepted by reasonable body medical opinion

Question 19

Bolam applies to parts of doctors work that are not medical

Answer 19

Sidaway v Bethlem Royal Hospital Governors

Question 20

Inexperienced professional held to the same standards

Answer 20

FB v Princess Alexandra Hospital NHS Trust

Question 21

Bolam applies to other specialists

Answer 21

Maynard v West Midlands Regional Health Authority