Negligence (Breach of Duty)

Question 1

breach of duty negligence claim

Answer 1

2) The duty must have been broken through a failure to reach the required standard of care

Question 2

how to measure breach of duty?

Answer 2

compare with reasonable people in similar situations.
the reasonable man (person) test.

Question 3

reasonable person test

Answer 3

the reasonable person is someone performing the same task competently.

eg. in a doctor patient relationship with the doctor carrying out a procedure, a doctor competently carrying out that same procedure

Question 4

people reasonable person test considers

Answer 4

ordinary people
professionals
special characteristics eg. inexperience or learners

Question 5

Bolam v Friern Barnett Hospital Management Committee
(professionals)

Answer 5

facts: C argued that the doctor was in breach of duty by not giving him relaxant drug for his surgery.
held: as the hospital followed one of two established treatment options it hadnt breached a duty of care.

Question 6

Bolam test (test for professionals breach of duty)

Answer 6

questions that decide if a professional breached the duty of care:

1) does D’s conduct fall below the standard of ordinary, competent member of that profession?
2) is there a substantial body of opinion in the profession supporting the course of action taken by D?

Question 7

how are learners judged?

Answer 7

learners are judged at the standard of competent more experienced people

Question 8

Nettleship v Weston (learners)

Answer 8

facts: Mrs Weston took driving lessons with Mr Nettleship. She hit a lamppost which fell on the car and Mr Nettleship.

held: She should be judged against experienced drivers and so breached her duty of care. The court said it would not be fair to injured claimants for learners to escape liability

Question 9

children and young people

Answer 9

for the standard of care children should take, courts consider the defendants actions in comparison with a reasonable person of the same age (Mullin v Richards)

Question 10

Mullins v Richards (children’s breach of duty)

Answer 10

facts: Two girls aged 15 were playing with plastic rulers in class, one snapped and a fragment of plastic went into the eye of Mullin rendering her almost completely blind in that eye.

held: The other girl (Richards) had to meet the standard of a reasonable 15 year old, not adult, so had not breached her duty