Negligence - breach of duty

Question 1

Reasonable person standard - objective approach (2)

Answer 1

• Glasgow Corporation v Muir
  o All that a person can be bound to foresee are the reasonable and probable consequences for the failure to take care
  o Do not use hindsight – what is apparent to D at the time?
• Qualcast
  o Judges will make a decision on the reasonableness of D’s conduct in light of all relevant circumstances

Question 2

Probability of harm (2)

Answer 2

• Bolton v Stone
• Read v Lyons

Question 3

Gravity of harm (1)

Answer 3

• Paris v Stepney BC
  o How serious was the impact on C from D’s actions – how serious were the injuries? (e.g. losing an eye from D’s failure to provide safety goggles is serious)

Question 4

Cost of precautions (1)

Answer 4

• Latimer v AEC Ltd
  o Would D have to incur large cost implications to prevent the harm caused to C?

Question 5

D’s purposes of action (breach of duty) (2)

Answer 5

• Watt v Hertfordshire CC
  o Have to balance the actions against the end to be achieved – were the purposes of the action intended to be beneficial (e.g. D’s purposes was to rescue woman trapped under car, not to injure C)
• Humphrey v Aegis Defence Services
  o D running risk was reasonable given importance of actions to reconstruct war damaged country

Question 6

D’s resources (breach of duty) (1)

Answer 6

• British Railways Board v Herrington

Question 7

Critical commentary on breach of duty (2)

Answer 7

• Weir
  o Reasonable person would be expected to consider all these factors in reasonableness test and then make informed decision
• Mullender
  o Judges who invoke concept of reasonableness do not exhibit a strong enough commitment to pursuit of justice