Chapt 3 tort from spec

Question 1

Forbreach questions say two things..

Answer 1

The D will breach duty if didn’t act as the reasonable ……

Did they meet that duty?

Question 2

What is the standard test for breach of duty?

Answer 2

Must carry out the duty of care to the standard of the reasonable person
(Blyth v Birmingham Waterworks co 1856).
THis is an OBJEcTIvE test

Question 2

Standard of care

Reasonably competent professional / driver

Answer 2

starting point is that this is an objective test so special characteristic of the D are not relevant. BLYTH first And then Nettleship v Weston - reasonably competent driver
PROF AND SPECIAL SKILLS
Bolam v Friern HMC (1957)
 The HoL- test for negligence is “the standard of the ordinary skilled man exercising and professing to have that special skill.”
Use bolam v friern hmc 1957 and then bolitho v city and hackney ha 1997

Question 4

Test for breach for professionals

Answer 4

Does the conduct fall below that of a reasonably competent doctor ?
And
is there a body of prof opinion that would support this course of action?

This is from Bolam v Friern HMC 1957

However where opinion is divided this must be logically supported (Bolitho v city and Hackney health authority 1997)

Question 5

Explain the requirement of reasonable foreseeability

Answer 5

The omission to do what a reasonable person would or doing something which he would not.

Test is objective- D judged against standard of the reasonable person

Case: Blyth v Birmingham Waterworks co 1856

The D should have the knowledge etc of a reasonable person at the time of the event (Roe V MOH 1954)- hindsight not required!!!

Question 6

Has d fallen below required standard?
Factors that raise or lower the required standard - reasonable/objective

(5)

Answer 6

Test objective - Blyth v bww BUT..
1.Special characteristics of D (must meet’reasonable standard as in nettleship v Weston
2.Special characteristics of d -Mullin v Richards (age) / vuln of c Paris v Stepney
3.Size of risk. ⬆️risk,🔼precautions required
(Mag of risk test, Bolton v Stone)
4.Have all practical precautions been taken?(Latimer v AEC 1952
5.What are the benefits of taking the risk?(r,ergemcy issues) watt v Herts CC
6. Reasonable forseeability (roe v moh)

Question 7

What is the magnitude of risk test?

1case

Answer 7

The greater the risk, the greater the precautions that should be taken. (Bolton v Stone 1951)