Standard of Care

Question 1

Defendant must behave as a reasonable man

Answer 1

Blyth v Birmingham Waterworks

Question 2

The man on the Clapham Omnibus

Answer 2

Hall v Brooklands

Question 3

Reasonable man is not the paragon of circumspection

Answer 3

AC Billings v Riden

Question 4

Learner driver judged by standard of ordinarily competent driver

Answer 4

Nettleship v Weston

Question 5

Person does not have to do everything possible to prevent harm, only what a reasonable person would do

Answer 5

Etheridge v East Sussex CC

Question 6

Reasonable man is free from over confidence and over apprehension

Answer 6

Glasgow Corporation v Muir

Question 7

Professional standard - D must exercise the ordinary skill of an ordinary competent man exercising that particular art (not the highest expert skill

Answer 7

Bolam

Question 8

For children test is the reasonable child of D’s age

Answer 8

Mullins v Richard

Question 9

Junior doctor judged by standard of reasonably competent doctor in that field

Answer 9

Wilsher v Essex HA

Question 10

Jeweller ear piercing = standard of reasonable jeweller

Answer 10

Philips v William Whiteley

Question 11

DIY fanatic = standard of reasonable man, not carpenter

Answer 11

Wells v Cooper

Question 12

professionals claiming to possess greater skill than that normally possessed by member of their profession still judged by standards of the ordinary reasonable member of their profession

Answer 12

Wimpey Construction v Poole

Question 13

If the defendant takes on a task that he ought to know is beyond his capabilities, that may be evidence in itself of negligence

Answer 13

Greaves v Baynham

Question 14

elderly man suffered stroke whilst driving. he was judged according to the standard of a reasonably competent driver. He should have stopped as soon as he realised he was being affected

Answer 14

Roberts v Ramsbottom

Question 15

lorry driver crashed after suffering hypoglycaemic state. There was no evidence that he knew that his ability to drive had been impaired – judged against a reasonably competent driver who is unaware that he is suffering from such a condition

Answer 15

Mansfield v Weetabix

Question 16

When the defendant is participating in sports, provided he uses reasonable care to play by the rules, he will not be liable to other participants or spectators

Answer 16

Condon v Basi

Question 17

Even if the game amounts to horseplay rather than organised sport, there may be no breach unless D’s conduct amounts to recklessness or a very high degree of carelessness

Answer 17

Blake v Galloway