Negligence: Breach

Question 1

Which test is used to determine if a defendant has breached their duty of care?

Answer 1

The ‘Reasonable Man’ test.

Question 2

The reasonable man test stems from which case?

Answer 2

Blyth v Birmingham Waterworks Co.

Question 3

The reasonable man is expected to have what?

Answer 3

Ordinary levels of skill and knowledge.

Question 4

What standard of care are learners held to? AND give a case example.

Answer 4

Learners are held to the same standard are fully qualified people. (Nettleship v Weston)

Question 5

What standard of care are professionals held to? AND give a case example.

Answer 5

Professionals are held to the same standard as a reasonably competent and ordinary skilled member of that profession. (Bolam v Friern)

Question 6

What standard of care are children held to? AND give a case example.

Answer 6

Children are held to the same standard of a child of that age (Mullin v Richards OR Orchard v Lee)

Question 7

What are the 4 risk factors associated with breach of duty?

Answer 7

Degree of risk, seriousness of harm, costs and practicality and social utility.

Question 8

Give a case example that involves the degree of risk.

Answer 8

Bolton v Stone

Question 9

Give a case example that involves the potential seriousness of harm.

Answer 9

Paris v Stepney BC

Question 10

Give a case example that involves the cost and practicality of taking precautions.

Answer 10

Latimer v AEC

Question 11

Give a case example that involves social utility, or benefits to society.

Answer 11

Watt v Hertfordshire CC