negligence - breach of duty cases

Question 1

Blythe V Birmingham Waterworks

Answer 1

“The reasonable man is the ordinary person performing the particular task, reasonably competently”.

Question 2

Nettleship V Western-

Answer 2

Learners are judged at the standard of the competent, more experienced person.

Question 3

Bolam V Friern Hospital Management Committee-

Answer 3

Professionals are judged by the start of the profession as a whole/ the ordinary competent member of that professions.

Question 4

Montgomery V Lanarkshire Board-

Answer 4

All risks must be explained to a patient.

Question 5

Mullin V Richards-

Answer 5

The standard of a reasonable person of the D’s age at the time of the incident.

Question 6

Paris V Stepney BC-

Answer 6

Special Characteristics need to be accounted for and could create a higher standard of care.

Question 7

Bolton V Stone-

Answer 7

Low risk of harm.

Question 8

Haley V London Electricity Board-

Answer 8

High risks of harm.

Question 9

Latimer V AEC

Answer 9

The cost of precaution needs to be relative to the size of the risk.

Question 10

Roe V Minister of Health-

Answer 10

You aren’t breaching your duty, if there was no way to know there was a risk.

Question 11

Watt V Hertfordshire CC-

Answer 11

In an emergency, if there is no time for the appropriate precautions, then you aren’t breaching your duty by not doing them.

Question 12

Day V High Performance Sports-

Answer 12

Emergency situations.