Breach of duty- COMPLETE Flashcards
What must we firstly consider for breach of duty/main question?
- Would the reasonable competent person have acted this way under the circumstances?
Which case does this question refer to?
Would the reasonable competent person have acted this way under the circumstances?
Blyth V Birmingham waterworks.
What would the first line of breach of duty be?
Next, we need to consider whether there has been a breach of duty, this is an objective test and is the fault element in negligence
What must be discussed secondly for breach of duty?
Has the defendant reached the standard of the reasonable person? (reasonable DIYer, learners, professionals young person).
Wells V Cooper
Reasonable DIYER.
Mullins V Richards
Standard of care is reduced for young people.
Nettleship V Western?
Learners must reach the standard of an ordinary person at that activity.
Roe V Minister of health?
Must be a visible and known risk
What is the Bolam test?
- Does the conduct fall below the standard of the ordinary competent professional?
2.Substantial body of medical opinion?
What are the five risk factors?
- Are there any special characteristics of the defendant?
- Are there any special characteristics of the claimant?
- What is the size of the risk?
- all practical precautions been taken?
- Are there any benefits in taking the risk?
What case is for special characteristics of the claimant?
Paris V Stepney.
Which case is for size of risk?
Bolton V Stone.
Which case is for practical precautions?
Latimer V AEC.
Which case is for benefit to taking a risk?
Watt V Herefordshire county council
Structure?
-reasonable person test.
-standard of a reasonable person.
-special characteristics.
-size of risk.
-practical precautions.
-benefits.
