Breach of standard Flashcards
1
Q
What is a breach of standard?
A
The conduct falls short of the “prudent and reasonable man” (Baron Alderson)
2
Q
Standard does not…
A
- vary with inexperience (Nettleship v Weston)
3
Q
Standard is…
A
- within sphere of work (Shakoor v Situ)
- with age of D (Mullin v Richards)
- according to profession (Bolam/Bolitho)
- from D’s point in time (Roe v MoH)
- according to circumstances: consideration for emergencies (Marshall v Osmond - criminal escaping)
4
Q
Deny a breach
A
Total loss of awareness is necessary:
- Dunnage v Randall (schizophrenia)
- Mansfield v Weetabix (hypoglycaemic lorry driver)
5
Q
High burden
A
A breach is unlikely:
- Latmer v AEC (sawdust)
- Smith v Littlewoods (posting guard 24/7)
- Watt v HCC (heavy equipment)
6
Q
Serious risk
A
A breach is likely:
- Hayley v LEB (blind pedestrian)
7
Q
Res ipsa loquitur
A
A breach can sometimes be inferred from the facts:
- Scott v London (bags of sugar falling)
