Negligence: Breach Of Duty

Question 1

Blyth v Birmingham Waterworks Co (1856)

Answer 1

Reasonable person test

Defendant must do something that a reasonable person would not do, nor must he fail to do something a reasonable person would do

Question 2

Nettleship v Weston (1971)

Answer 2

A judge measures a person against that of a reasonable person.

A defendant will be negligent if they fall below the standard of reasonable care expected by the law in the circumstances.

A learner driver is assessed on the standards of a fully qualified driver

Question 3

Bolam v Friern Hospital Management Committee (1957)

Answer 3

Junior doctor is is judged by the standards of a reasonable doctor undertaking the task in question.

Question 4

Mullin v Richards (1998)

Answer 4

The liability of a minor is judged by reference to the ordinarily careful minor of the same age

‘15 year olds playing with rulers case’

Question 5

Roe v Minister of Health (1954)

Answer 5

The reasonable man test is based on reasonable foresight and not on probability of harm as such

Question 6

Principle: Res ipsa loquitur and

s11 Civil Evidence Act 1968

Answer 6

Proof of negligence

A claimant must prove that there is a breach of the duty of care, on the balance of probabilities - the civil law standard of proof.

the accident would not have occurred without negligence

S11 CEA 1968 in a successful criminal action, the same facts can give rise to a tort action.