Law of Tort- Breach of Duty Flashcards
When does a breach of duty of care occur?
When a defendant has fallen below the standard of care required by the law.
Who is the reasonable person?
The reasonable person is the ordinary person performing the task competently. The reasonable person is judged by the level of care required by a child, a professional or a learner.
How are the standards of care required by a learner judged?
Standards are judged by the same standard as a more experienced person.
What is the principle in Nettleship v Weston?
It was held that Weston owed a duty of care to Nettleship as a learner driver is expected to meet the same standards as a competent driver.
What is the standard of care required by a professional?
Professionals are judged by the standard of care of the profession as a whole.
What is the principle in Bolam v Barnet Hospital Management?
It was held that the hospital had followed at least one course of professional action and had not breached a duty.
What is the standard of care required by children?
children and young people are judged by the standards of a reasonable person of the defendants age at the time of the tort.
What is the principle in Mullin v Richards?
It was held that there was no breach of duty as the court decided that Richards was required to meet the standards of a 15 year old girl and not that of a reasonable adult.
What do risk factors do?
Risk factors take into account whether the standard of care should be lowered or raised.
Would the reasonable person take more or less precautions in that situation?
What are the risk factors?
Precautions
Special characteristics
Public benefit to risk
Risks known at time of incident
Size of the risk
What is the principle in Paris v Stepney Borough Council?
It was held that as his employers were aware of the circumstances and consequences, extra precautions should have been taken as the cost was low compared to the risk.
This is a case of special characteristics.
What is the principle in in Bolton v Stone?
It was found that there was no breach of duty as the size of the risk was low due to the fence and no incidents in 90 years.
The likelihood must be substantial enough to impose a duty.
What is the principle in Haley v London Electricity Board?
It was held that the defendant was in breach of duty as it was reasonably foreseeable and the likelihood was large.
How do the courts decide appropriate precautions?
By balancing the risk against the cost and effort of taking precautions.
What is the principle in Latimer v AEC?
A trial judge imposed a breach of duty as they viewed it as they should have closed the factory.
However, the House of Lords decided that there was no breach as necessary precautions were taken to minimise risk.
