Breach of duty of care Flashcards
Where does the objective test come from?
Blyth v birmingham water works
What is the objective test…
Omitting to do something that a reasonable man would do, or doing something that a reasonable man would not do.
What standard will a professional be judged at?
The standards of a reasonable profession person.
What standard will a trainee be judged at?
The standard of a reasonable fully qualified person (e.g learner driver judged to the standard of a qualified driver)
What standard will a child be judged at?
Standard of a reasonable child- Mullin v Richards
Factor 1 to decide whether the defendant acted reasonably
Degree of risk involved. Greater risk = greater precautions required to be a reasonable person. Botton v Stone
Factor 2 to decide whether the defendant acted reasonably
Cost of precautions. Won’t expect cost of precautions to outweigh risk. Reasonable person would take reasonable precautions. Latimer v AEC
Factor 3 to decide whether the defendant acted reasonably
Potential seriousness of injury. More serious potential injury = greater level of care to be a reasonable person.
Paris v Stepney borough council
Factor 4 to decide whether the defendant acted reasonably
Importance of the activity. Some risk may be acceptable if socially important. Watt v Hertfordshire County Council
Bolam v Frien hospital management committee
Doctor didn’t give any relaxant, fracture. Professional judged by standard of reasonable person of that profession
Mullin v Richards
15 year olds fighting over ruler, one snapped and blinded the other. Child judged by standard of reasonable child
Nettleship v Richards
Learner driver injured instructor. Trainees judged by standard of competent professional.
Bolton v stone
Should club have taken more precautions to prevent injury outside grounds? Greater the risk the more precautions to be judged as a reasonable person.
Latimer v AEC
Slipped on factory floor, D took necessary precautions. Court will not expect cost of precaution to outweigh risk.
Paris v Stepney Borough Council
Only one eye, blinded by splinter, did not provide safety goggles. More serious potential injury = greater level of care required to be the reasonable person.
