Negligence (Breach Of Duty)

Question 1

Standard of care from experts

Answer 1

Not measured against reasonable person because not everyone is a specialist. Bolam v Fiern Hospital with shock therapy created the ‘Bolam principle’ which asks all professionals 2 questions:
- does d conduct fall below the standard of an ordinary member of that profession
- is there a substantial opinion to support d conduct
Shown in the case Montgomery v Lancashire HB.

Question 2

Standard of care for learners

Answer 2

Motorists regardless of age and experience have the same standard of care, shown in Nettleship v Western.

Question 3

Standard of care for children

Answer 3

Children’s age is relevant at the time of an accident, shown in Mullins v Richard.

Question 4

Special characteristics

Answer 4

1. Special characteristics, Paris v Stepney
2. Size of risk, Bolton v Stone, Hayley v LEB
3. Cost/effort of precautions against risk, Latimer v AEC
4. Knowledge of danger, Roe v Min of Health
5. Public benefit, Watt v Hertfordshire, Day v High Performance Sports.