Neligence - Breach Of Duty Flashcards

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1
Q

Negligence definition

3 steps

A

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

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2
Q

3 types of reasonable man

A
  • the learner
  • the professional
  • young people
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3
Q

1st type

case

A

the learner

case
NETTLESHIP V WESTON
learners are judged at the standard of the competent, more experienced person

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4
Q

2nd type

case

A

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

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5
Q

3rd type

case

A

Young people

case
MULLIN V RICHARDS
when d is not an adult, standard expected is of a reasonable person of d’s age

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6
Q

4 risk factors

A

1- special characteristics
2- size of risk
3- have all practical precautions been taken?
4- benefits of taking the risk

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7
Q

1st risk factor

case

A

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

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8
Q

2nd risk factor

case

A

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)

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9
Q

3rd risk factor

case

A

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

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10
Q

4th risk factor

case

A

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

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