Standard of Care Flashcards
What is the general rule for determining the standard of care in negligence?
A) The defendant must do everything possible to prevent harm
B) The defendant must meet the standard of an ordinarily competent person
C) The defendant is only liable if they intended to cause harm
D) The defendant must act with the highest level of skill and knowledge
B – The defendant must meet the standard of an ordinarily competent person
Explanation: In Blyth v Birmingham Waterworks (1856), it was established that the standard of care is that of a reasonable person.
What does the phrase ‘act, not the actor’ mean in relation to standard of care?
A) The law considers the defendant’s personal characteristics when setting the standard of care
B) The law applies a subjective test to determine negligence
C) The law applies an objective test based on the nature of the act, not the experience or abilities of the defendant
D) The law considers whether the defendant was acting in good faith
C – The law applies an objective test based on the nature of the act, not the experience or abilities of the defendant
Explanation: The principle ‘act, not the actor’ (from Nettleship v Weston (1971)) states that a person is judged against the reasonable person standard, even if they lack experience.
Which of the following statements about professional negligence is correct?
A) A professional must achieve the highest possible standard of skill
B) A professional must act with the skill and care of an ordinary competent professional in their field
C) A junior professional will be held to a lower standard than an experienced professional
D) A professional is automatically liable if harm occurs
B – A professional must act with the skill and care of an ordinary competent professional in their field
Explanation: In Bolam v Friern Hospital (1957), it was held that a professional must meet the standard of a reasonable professional in their field.
Sarah, a learner driver, is taking her first lesson with an instructor. She fails to brake in time and crashes into another car. What standard of care applies to Sarah?
A) The standard of a reasonable learner driver
B) The standard of a reasonable and competent driver
C) The standard of her specific level of experience
D) The standard of a professional driving instructor
B – The standard of a reasonable and competent driver
Explanation: In Nettleship v Weston (1971), the court held that learner drivers are judged against the standard of a competent driver, not a learner.
A junior doctor performs a routine procedure incorrectly, causing harm to the patient. Can the doctor rely on their inexperience as a defence?
A) Yes, because they are still training
B) Yes, if they were under the supervision of a senior doctor
C) No, because professionals are judged by the standard of a competent professional
D) No, unless they were given inadequate training
C – No, because professionals are judged by the standard of a competent professional
Explanation: In Wilsher v Essex AHA (1986), the court held that a junior doctor is held to the same standard as a fully qualified doctor.
Which of the following best describes the correct standard of care owed by a child in negligence cases?
A) The same standard as an adult in all circumstances
B) A subjective standard based on their level of intelligence
C) The standard of a reasonable child of the same age
D) No standard of care applies to children
C – The standard of a reasonable child of the same age
Explanation: In Mullin v Richards (1998), the court held that children are judged by the standard of a reasonable child of the same age.
A taxi driver suffers an unexpected and undiagnosed heart attack while driving, causing an accident. What standard of care applies?
A) The standard of a reasonable driver who is unaware of their condition
B) The standard of a professional driver
C) The standard of a driver with a known medical condition
D) Automatic liability, as drivers must always ensure safety
A – The standard of a reasonable driver who is unaware of their condition
Explanation: In Mansfield v Weetabix Ltd (1998), the court held that a driver who is unaware of a medical condition is judged against the standard of a reasonable driver in the same situation.
A professional footballer injures an opponent in a reckless tackle. The injured player sues. How will the court determine the standard of care?
A) The standard of a reasonable amateur footballer
B) The standard of a reasonable professional footballer
C) The same standard as in any other negligence claim
D) No standard applies, as injuries are part of the sport
B – The standard of a reasonable professional footballer
Explanation: In Condon v Basi (1985), the court held that a higher standard applies to professionals than to amateurs.
A surgeon performs an operation using a technique that is accepted by some, but not all, medical professionals. The patient suffers harm and sues for negligence. How will the court decide if there has been a breach?
A) The surgeon is liable if harm occurred
B) The court will assess whether the technique is supported by a responsible body of medical opinion
C) The court will impose a strict liability standard on the surgeon
D) The surgeon will be judged based on their personal level of skill
B – The court will assess whether the technique is supported by a responsible body of medical opinion
Explanation: Under the Bolam test (Bolam v Friern Hospital (1957)), a doctor is not negligent if their method is supported by a responsible body of medical opinion.
A bus driver is diabetic but fails to take his medication, causing him to pass out and crash. The passengers sue for negligence. What standard applies?
A) The standard of a reasonable person with no medical conditions
B) The standard of a reasonable bus driver who manages their condition properly
C) The standard of a reasonable doctor
D) The driver is not liable because the illness was beyond their control
B – The standard of a reasonable bus driver who manages their condition properly
Explanation: In Roberts v Ramsbottom (1980), the court held that a defendant who is aware of their medical condition must take reasonable precautions to manage it.
