Negligence (Breach of duty) Flashcards
1
Q
How are professionals judged ?
A
Does d’s conduct fall below the standard of a competent member of that profession ?
Is there a substantial body of opinion in the profession supporting d’s actions ?
2
Q
What case can we use for professionals ?
A
Bolam (1957)
3
Q
How are learners judged ?
A
To the same standard as a competent more experienced person
4
Q
What case can we use for learners ?
A
Nettleship v Weston (1971)
5
Q
How are children/young people judged ?
A
Courts consider d’s actions in comparison with a reasonable person of the same age
6
Q
What case can we use for children/young people ?
A
Mullin v Richards (1998)
7
Q
What are the risk factors for breach of duty ?
A
Special characteristics
Size of risk
Unknown risks
Public benefit
Precautions
