Negligence 2: Breach of Duty

Question 1

a. The reasonable man test: What was the breach of duty defined as?

Answer 1

“Failing to do something which the reasonable man would do or doing something which the reasonable man would not do”.

Question 2

What kind of test is The Reasonable Man Test?

Answer 2

Objective test

Question 3

a.What 3 situations causes characteristics to be considered in the reasonable man test? (case)

Answer 3

Firstly, if D is a professional, the court will ask whether his standard of care fell below that of a reasonably competent member of that profession, and whether there is a body of opinion within that profession that would support D’s actions. (Wells VS Cooper) .

Question 4

b. What 3 situations causes characteristics to be considered in the reasonable man test? (case)

Answer 4

Secondly, if D is a learner or trainee, the court will ask whether the standard of care fell below that if the reasonably qualified person. (Nettleship Vs Weston).

Question 5

c. What 3 situations causes characteristics to be considered in the reasonable man test? (case)

Answer 5

Thirdly, if D is a child, the court will ask whether the standard of care fell below that of the reasonable child of the same age. (Mullins VS Richards).

Question 6

What is the Bolom Test and how was it modified? (case)

Answer 6

The Bolom Test was modified in later cases so that in addition, D must show a “logical basis” for there actions, and healthcare professionals must make patients aware of all material risks so that they can give informed consent to treatments. Bollom VS Friern.