negligence- breach of duty

Question 1

what is the standard

Answer 1

The standard of care the defendant needs to show is objective. It is the standard of the reasonable man 

Question 2

what case was this decided in (duty of case early case) and by who

Answer 2

Baron Alderson in Blyth v Birmingham Waterworks Co. 1856  

Question 3

who is the reasonable person

Answer 3

 the reasonable is the ordinary person performing the task competently

Question 4

what case decide this

Answer 4

wells v cooper

Question 5

there variations of the ‘reasonable man’ - what are all these called

Answer 5

class of persons

Question 6

what are the 3 class of persons

Answer 6

learners
children and young people
professionals

Question 7

what is the case for learners

Answer 7

Nettleship v Weston 1971

Question 8

what is the rule that came from this

Answer 8

If someone is a learner it doesn’t change anything they still have same standard as a reasonable qualified person

Question 9

what is the case for children and young people

Answer 9

Mullin v Richards 1998

Question 10

what is the rule that comes from this case

Answer 10

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

Question 11

what counts as a professional

Answer 11

refers to careers that need exceptional qualifications (e.g. doctors, lawyers) – not just anybody with a job

Question 12

what is the case for professionals

Answer 12

Bolam v Friern Hospital Management Committee 1957

Question 13

what is the case that tells us in medical cases, patients need to be advised of all possible risks

Answer 13

Montgomery v Lanarkshire Health Board 2015

Question 14

are professionals held to a higher standard of care

Answer 14

yuh- your doing super great btw! :)
you got this dawg x

Question 15

what 2 questions should the court ask

Answer 15

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?

Question 16

what test are these questions from (think the first case)

Answer 16

the bolam test

Question 17

what are the 4 risk factors

Answer 17

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?

Question 18

special precautions case

Answer 18

Paris v Stepney Borough Council 1951

Question 19

what standard of care did this establish

Answer 19

high

Question 20

appropriate precautions case

Answer 20

Latimer v AEC 1953

Question 21

what standard of care did this establish

Answer 21

low

Question 22

size of risk case

Answer 22

Bolton v Stone 1951

Question 23

through this, what factors were held to be relevant to whether a defendant is in breach of their duty of care

Answer 23

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.

Question 24

what standard of care does this case establish

Answer 24

low

Question 25

what case for size of risk states  high risk activity- higher standard of care being required

Answer 25

Haley v London Electricity Board 1965

Question 26

whats the case for emergency situation

Answer 26

Day v High Performance Sports 2003

Question 27

standard of care?

Answer 27

in an emergency situation there was a lower standard of care allows as the need for urgency was more important

Question 28

what act did this bring about

Answer 28

Social Action, Responsibility and Heroism Act 2015

Question 29

what does s.2 state

Answer 29

court must consider if person acting negligently did so because they were ‘acting for the benefit of society or any of its members’

Question 30

what does s.3 state

Answer 30

acts if the person ‘demonstrated a predominantly responsible approach’ towards safety pf others- in which case they have met the standard of care