Negligence (Breach) Flashcards
What does BREACH OF DUTY mean?
It means that the defendant’s standard of care falls below the standard expected of the reasonable man (Vaughan v Menlove). This is an objective test.
What defines the standard of care in BREACH OF DUTY?
It is defined by Baron Alderson in BLYTH v BIRMINGHAM WATERWORKS.
When are the defendant’s characteristics considered in a breach of duty case?
The defendant’s characteristics are only considered in 3 situations.
How are professionals compared in breach of duty cases?
If D is a professional, they are compared to a reasonably competent professional and there must be a responsible body to support their actions (BOLAM v FRIERN).
What was amended in Bolitho v Hackney?
The Bolam Test was amended to require the supporting professional to show a ‘logical basis’ for their view.
What must healthcare professionals do according to Montgomery v Lanarkshire?
Healthcare professionals must make patients aware of all material risks to allow informed consent to treatment.
How is a learner/trainee defendant compared in legal standards?
If D is a learner/trainee, they are compared to a qualified person (Nettleship v Weston).
How is a child defendant compared in legal standards?
If D is a child, they are compared to a child of the same age (Orchard v Lee, Mullin v Richards).
What factors may influence the standard of care?
‘Risk Factors’ may raise or lower the standard of care.
What is the relationship between risk size and standard of care?
If the size of the risk of harm is high, the standard of care will be high (Bolton v Stone).
What is expected of D regarding precautions?
D is expected to take adequate precautions to reduce the risk, proportional to the size of the risk in terms of cost and practicality (Latimer v AEC).
How may special characteristics of the claimant affect the standard of care?
Special characteristics of the claimant may raise the standard of care (Paris v Stepney BC).
How does social utility affect the standard of care?
The social utility of the activity may lower the standard of care, particularly for emergency services (Watt v Herts CC).
What does the Social Action, Responsibility and Heroism Act 2015 support?
It supports the idea that social utility may lower the standard of care.
What is the conclusion regarding D’s breach of duty?
To conclude, D did/did not breach their duty.
