Negligence: Breach

Question 1

2 Stage Test

Answer 1

1. How ought D have behaved (Legal)

2. How D actually behaved (Fact)

Question 2

Standard of the Reasonable Person

Answer 2

BLYTH v BIRMINGHAM WATERWORKS

Question 3

Breach - Objective Test

Answer 3

GLASGOW CORP v MUIR

Question 4

Standard of D’s Profession / Reasonably competent professional practice

Answer 4

BOLAM

Question 5

Common practice wont necessarily justify the taking of risks

Answer 5

RE HERALD OF FREE ENTERPRISE

Question 6

No allowance for Inexperience

Answer 6

NETTLESHIP v WESTON

Question 7

No allowance for Professional Inexperience

Answer 7

WILSHER v ESSEX HEALTH BOARD

Question 8

Maintain standard of a reasonable driver unless D suffers from an Unexpected disability

Answer 8

MANSFIELD v WEETABIX

Question 9

Reasonable child of D’s age

Answer 9

MULLIN v RICHARDS

Question 10

Justifiable not to take steps if risk of harm is small

Answer 10

BOLTON v STONE

Question 11

Not justifiable to avoid steps if risk of harm is high

Answer 11

MILLER v JACKSON

Question 12

Risk of Very Serious Harm - Must take Appropriate Steps to Mitigate

Answer 12

PARIS v STEPNEY

Question 13

Consider the Cost / Practicability of solutions

Answer 13

LATIMER v AEC

Question 14

D’s actions are in the Public Interest - Justify taking Greater Risks

Answer 14

WATT v HERTFORDSHIRE CC

Question 15

No duty to protect against Fantastic Possibilities

Answer 15

FARDON v HARCOURT RIVINGTON

Question 16

D’s conduct should be considered in relation to his State of Knowledge at the Time of the Event Only

Answer 16

ROE v MINISTRY OF HEALTH