Breach of Duty (AO1)

Question 1

Once the claimant can show that the Defendant owed them a duty of care…

Answer 1

It must be then proven that the defendant breached this duty of care

Question 2

In which case was negligence in terms of breach of duty defined in?

Answer 2

Blyth V Birmingham Waterworks (1856)

Question 3

What is the principle in Blyth V Birmingham Waterworks Co (1856)?

Answer 3

Negligence is an omission to do something that the reasonable person would do or doing something that the reasonable person wouldn’t do

Question 4

What is the objective standard of care?

Answer 4

The defendant will breach their duty of care to claimant if their behaviour or conduct falls below the standards of the reasonable person

Question 5

What is the principle in Wells v Cooper (1954)?

Answer 5

The D was not liable as the reasonable competent carpenter would work to the same standards as the D

Question 6

What are the three characteristics of a reasonable person?

Answer 6

-Professional
-Learner
-Child

Question 7

How are professionals judged?

Answer 7

By the standard of the profession as a whole

Question 8

What was the principle in Bolam?

Answer 8

Professionals will not breach their duty of care if they acted in accordance with the reasonable professional body standards

Question 9

What does the Bolam test state?

Answer 9

An action cannot be a breach of duty if it is supported with a reasonable body of professional opinion.

Question 10

What was the principle in Bolitho?

Answer 10

Where there is evidence that other professionals would act in the same way as the D it must be demonstrated that this approach is logical and reasonable

Question 11

What was the principle in Montgomery?

Answer 11

The medical professional is in breach of their duty of care if they fail to gain consent unless the treatment is necessary or it can’t be gained

Question 12

How is a learner judged?

Answer 12

Against the standards of someone who is fully qualified in the job that they are doing not the reasonable learner

Question 13

What was the principle in Nettleship v Weston (1971)?

Answer 13

The D breached her duty of care as the learner drivers standard of driving should meet the standard of the reasonably competent driver and the standard of the learner

Question 14

How is a child judged?

Answer 14

They are expected to meet the standards of the reasonable person who is the same age as them at the time of the accident

Question 15

What was the principle in Mullins v Richards (1998)?

Answer 15

The D didn’t breach her duty of care as she was only expected to meet the standards of the reasonable 15 year old and not the standards of the reasonable person

Question 16

The court have created a set of rules for when deciding if the defendant has breached their duty of care, what are they?

Answer 16

Risk factors

Question 17

What are the five risk factors that could apply in the defendants situations?

Answer 17

-Special characteristics of the claimant
-Size of the risk
-Taking practical precuations
-Known risks
-Public benefit of taking the risk

Question 18

What was the principle in Paris v Stepny Borough Council (1951)?

Answer 18

The D breached the duty of care because when the D knows that there is an increased risk of injury to the C a higher standard of care is owed

Question 19

What are special characteristics of the C defined as?

Answer 19

The special characteristics of the C will effect the standard of care owed by the D, if the C has a disability or illness a higher standard of care is owed.

Question 20

What is the size of the risk?

Answer 20

If the risk of injury is large a higher standard of care is owed, this will also mean if there is a small risk of injury in the situation a lower standard of care will be owed by the D

Question 21

What was the principle in Bolton v Stone?

Answer 21

The D was not liable as the risk of injury of a person being hit by a ball outside of the ground was so small it wouldn’t be considered by the reasonable man

Question 22

What is taking practical precautions?

Answer 22

If the defendant has taken all practical precautions against injury then a lower standard of care will apply

Question 23

What was the principle in Haley v London electricity board?

Answer 23

The D breached the duty of care as there was a large risk of injury to blind people using the road so a higher standard of care is owed

Question 24

What was the principle in Latimer v AEC Ltd?

Answer 24

The D didn’t breach their duty of care as they took practical precautions against the risk of injury

Question 25

What is known risks?

Answer 25

If the risk of harm or injury is not known at the time of the accident then the courts have decided that a lower standard of care is owed

Question 26

What was the principle in Roe v Minister of Health?

Answer 26

The risk of contamination was not known at the time so there was no breach of duty

Question 27

What is public benefits of taking the risk?

Answer 27

If there is a public benefit of the Defendants actions and this benefit outweighs the risk of injury then a lower standard of care will be owed

Question 28

What was the principle in Watt?

Answer 28

The D didn’t breach their duty of care as the benefits of saving the woman outweigh the risk of injury to the firefighters

Question 29

What was the principle in Day v High performance sports?

Answer 29

The D didn’t breach their duty of care as they were acting an emergency situation to save the woman