Neligence - Breach Of Duty Flashcards
Negligence definition
3 steps
BLYTH V BIRMINGHAM WATERWORKS CO.
Failing to do something the reasonable man would do or doing something the reasonable man wouldn’t do
3 steps
1- duty of care
2- breach of duty
3- causation
3 types of reasonable man
- the learner
- the professional
- young people
1st type
case
the learner
case
NETTLESHIP V WESTON
learners are judged at the standard of the competent, more experienced person
2nd type
case
the professional
case
BOLOM V FRIERN BARNETT HOSPITAL MANAGEMENT COMMITTEE
must ask 2 questions
- does d’s conduct fall below the standard of the ordinary competent member of that profession
- is there a substantial body of opinion within the profession that would support the course taken by d
3rd type
case
Young people
case
MULLIN V RICHARDS
when d is not an adult, standard expected is of a reasonable person of d’s age
4 risk factors
1- special characteristics
2- size of risk
3- have all practical precautions been taken?
4- benefits of taking the risk
1st risk factor
case
special characteristics
case
PARIS V STEPNEY BOROUGH COUNCIL
if d knows of particular vulnerabilities of c, a higher standard of care will be expected then usual
2nd risk factor
case
size of risk
case
BOLTON V STONE
the lower the risk, the less care needs to be taken (lower standard). the greater the risk, the more care needs to be taken (higher standard)
3rd risk factor
case
have al practical precautions been taken
case
B V S / LATIMER V AEC
d will have acted reasonably if he had taken reasonable precautions - doing this lowers the standard of care
4th risk factor
case
benefits of taking the risk
case
WATT V HERTFORDSHIRE COUNTY COUNCIL
if there is a benefit of taking the risk, this will be balanced with the risk - in emergencies, greater risks can be taken and a lower standard of care is expected
