Breach of Duty (Negligence)

Question 1

Two part test of breach of duty

Answer 1

How OUGHT defendant have behaved?

How DID defendant behave?

Question 2

Factors for how defendant ought to have behaved

Answer 2

• General standard - standard of the reasonable person
• If professional, standard of a reasonably competent professional in the circumstances
• Where D is inexperienced, no allowance for inexperience
• Where D is a child, standard of a reasonable child of D’s age

Question 3

General Standard for how D ought to have behaved (Breach of Duty)

Answer 3

Blyth v Birmingham Waterworks
Objective test (Glasgow Corp)

Question 4

D’s conduct should be considered in relation to the state of knowledge at the time of the event only (Breach of Duty)

Answer 4

Roe v Ministry of Health

Question 5

Where D is a professional, the standard is of a reasonably competent professional in the circumstances (Breach of Duty)

Answer 5

Bolam v Friern Hospital Management Committee

Question 6

Where D is inexperienced, there is no allowance for inexperience (Breach of Duty)

Answer 6

Nettleship v Weston

car driver even if learner

Question 7

Where D is a child, the standard is of a reasonable child of D’s age

Answer 7

Mullin v Richards

Question 8

Part Two of Test (Breach of Duty)

Answer 8

Identify where D fell below relevant standard of care

Question 9

If the risk of harm is particularly small, and neglect is reasonable, it is justifiable not to take steps to mitigate (Breach of Duty)

Answer 9

Bolton v Stone

Question 10

If there is a risk of very serious harm, one must take appropriate steps to mitigate (Breach of Duty)

Answer 10

Paris v Stepney Borough Council

Question 11

Need to consider cost and practicability of solutions (Breach of Duty)

Answer 11

Latimer v AEC Ltd

Question 12

If D’s actions are in public interest/have substantial social utility, may justify D taking greater risks

Answer 12

Watt v Hertfordshire County Council