negligence- breach of duty Flashcards
what is the standard
The standard of care the defendant needs to show is objective. It is the standard of the reasonable man
what case was this decided in (duty of case early case) and by who
Baron Alderson in Blyth v Birmingham Waterworks Co. 1856
who is the reasonable person
the reasonable is the ordinary person performing the task competently
what case decide this
wells v cooper
there variations of the ‘reasonable man’ - what are all these called
class of persons
what are the 3 class of persons
learners
children and young people
professionals
what is the case for learners
Nettleship v Weston 1971
what is the rule that came from this
If someone is a learner it doesn’t change anything they still have same standard as a reasonable qualified person
what is the case for children and young people
Mullin v Richards 1998
what is the rule that comes from this case
the standard of care for children is measured against what can be reasonably expected of a child of the same age, rather than an adult
what counts as a professional
refers to careers that need exceptional qualifications (e.g. doctors, lawyers) – not just anybody with a job
what is the case for professionals
Bolam v Friern Hospital Management Committee 1957
what is the case that tells us in medical cases, patients need to be advised of all possible risks
Montgomery v Lanarkshire Health Board 2015
are professionals held to a higher standard of care
yuh- your doing super great btw! :)
you got this dawg x
what 2 questions should the court ask
1) does D’s conduct fall below that of the ordinary, competent member of that profession?
2) is there a substantial body of opinion with that profession who would support D’s action?
what test are these questions from (think the first case)
the bolam test
what are the 4 risk factors
Has the claimant any special characteristics which should be taken into account?
Have all appropriate precautions been taken?
What is the size of the risk?
Is there an Emergency Situation?
special precautions case
Paris v Stepney Borough Council 1951
what standard of care did this establish
high
appropriate precautions case
Latimer v AEC 1953
what standard of care did this establish
low
size of risk case
Bolton v Stone 1951
through this, what factors were held to be relevant to whether a defendant is in breach of their duty of care
The likelihood of harm;
What precautions were practical for a defendant to take in terms of cost and effort;
Whether the defendant provides a socially-useful service.
what standard of care does this case establish
low
what case for size of risk states high risk activity- higher standard of care being required
Haley v London Electricity Board 1965
whats the case for emergency situation
Day v High Performance Sports 2003
standard of care?
in an emergency situation there was a lower standard of care allows as the need for urgency was more important
what act did this bring about
Social Action, Responsibility and Heroism Act 2015
what does s.2 state
court must consider if person acting negligently did so because they were ‘acting for the benefit of society or any of its members’
what does s.3 state
acts if the person ‘demonstrated a predominantly responsible approach’ towards safety pf others- in which case they have met the standard of care
