Breah Of Duty

Question 1

Nettleship v Weston

Answer 1

Lord Denning - learner drivers are expected to have same standard of care as experienced.

Friend damaged knee caps when driving.

Question 2

Reasonable Man Test- Blyth v Proprietor of Birmingham Waterworks

Answer 2

Must be free from ideosyncrices, an ‘ordinary’ person

Question 3

Reasonable Man Test - Glawsgow Corporations

Answer 3

Scolded by a tea urn in a church.

No characteristics taken into account. Objective test. - Macmillan LJ

Question 4

Children - Mullins v Richards

Answer 4

Same standard of care as children own age.

Rulers, not liable. Wouldn’t think about the consequences.

Question 5

The disabled

Answer 5

Less standard of care

Question 6

Motorists - nettleship c Weston

Answer 6

Same standard of care shown by long term and learner drivers. If you are on the road Lord D

Question 7

People in sport - Condon v Basi

Answer 7

Broke a leg during a match, bad tackle.

Same expertise, should have known better therefore liable

Question 8

People using specialist skills - wells v cooper

Answer 8

Ameuture not expected to be the same level.

Door handle not fitted properly, not liable as not an expert.

Question 9

People using equipment - make peace v Evans

Answer 9

Scaffolding, fell off and hurt.

Taken to know how to use it properly.
Scaffolding, fell. Not liable

Question 10

Donoghue v Stevenson

Answer 10

East avoided duty, breach and causation.