T/breach of duty

Question 1

intro ?

Answer 1

• d will be compared to a reasonable person established in ‘blyth’.
  -must not fall below the standard of care expected of someone in that position.

Question 2

three charateristics that affect standard of care ?

Answer 2

• standard of learner (nettle v weston)
  -standard of profesional (bolam v friern hospitial managment committee )
  -the standard of children (mullin v richards)

Question 3

size of risk?

Answer 3

-the lower the risk the lower the chance of breach (bolton v stone)

Question 4

magnitutde of likley harm ?

Answer 4

-is how serious the harm would be if it were to occur (paris v stephany)

Question 5

cost and practiality of preventing the risk ?

Answer 5

-the higher the cost the more impratical it is to prevent the risk the lower the chance of breach(latimer v AEC)

Question 6

social benifit of taking the risk ?

Answer 6

-is where if the benefit of taking the risk outweights the risk itself then there is no breach (watt v herdfordshire)

Question 7

outro ?

Answer 7

The d has/has not breached there duty.