Stage 2: Breach Of Duty

Question 1

I

Answer 1

The d must have breached the duty of care to the c

Question 2

D

Answer 2

This is an objective test .Alderson B in Blyth v Birmingham Waterworks defined a breach as “doing something a reasonable man wouldn’t do or not doing something a reasonable man would do” therefore the d will be in breach if they did not act reasonably

Question 3

E

Answer 3

If the d is an expert or possesses in a particular skill- then they will be judged by the standards of other reasonably competent professionals (Bolam/Bolitho) e.g doctor

Question 4

E

Answer 4

If the d is inexperienced/ learner -
They are judged by the standards of someone experienced and competent (nettleship v Weston)

Question 5

E

Answer 5

Children are judged by the standards of a reasonable child of similar age (Mullins v Richard’s)

Question 6

Risk factor definition

Answer 6

Risk factors can raise or lower the standard of care required of the reasonable person

Question 7

1) Probability of harm

Answer 7

Firstly If the probability of harm is high the d should do more to prevent the risk (Bolton v Stone)

Question 8

Apply

Answer 8

How obvious / probable was the risk of harm

Question 9

2) what is the seriousness / magnitude of the risk

Answer 9

If the magnitude of the risk is high the d should do more to protect the c ( Paris v steppney council)

Question 10

Apply

Answer 10

How serious was the potential injury caused by the d’s breach

Question 11

3) the cost and practicality of precautions

Answer 11

If the cost of taking precautions is low and the practically reasonable to do the d will be expected to take them (Latimer)