negligence; risk factors

Question 1

Should the standard of care be raised or lowered dependant on C? CASE

Answer 1

Paris v Stepney

Question 2

Paris v stepney

Answer 2

F- C had a damaged eye and metal blinded his good eye. He was offered protection

R- D breached DOC because C had special characteristics and no further steps were taken

Question 3

Should standard of care alter depending on size of risk? CASES (2)

Answer 3

Bolton v stone

Haley v London electricity board

Question 4

Which case is used for low risk?

Answer 4

Bolton v Stone

Question 5

Which case is used for high risk?

Answer 5

Haley v London electricity board

Question 6

Bolton v Stone

Answer 6

F- C was hit by a cricket ball. Similar things had happened 5 times in 30 years

R- Low likelihood of harm as all precautions were taken

Question 7

Haley v London electricity board

Answer 7

F- D left a trench with no barrier. A blind man fell in and went deaf

R- Risk was high and foreseeable so DOC was breached