Tort - Breach Of Duty Of Care

Question 0

Professional

Answer 0

Show a level of care of an ordinary competent professional doing that job (Bolam v Freirn Hospital)

Question 1

Reasonable man

Answer 1

Compared to the reasonable man doing the job (Blyth)

Question 2

Trainee/Learner

Answer 2

Show a level of reasonable man doing that activity (Nettleship v Weston)

Question 3

Special characteristic, weakness or vulnerability

Answer 3

D’s expected to take even greater care to not breach his duty of care (Paris v Stepney BC)

Question 4

3 risk factors

Answer 4

1. Size of risk
2. Precautions
3. Social Utility

Question 5

Size of risk

Answer 5

If the size of risk in what D does, or doesn’t do is high, then he must take precautions to reduce it
Bolton v Stone
D built a large fence and reduced the risk of harm

Question 6

Precautions

Answer 6

If F takes a reasonable precaution to stop damage from occurring, then he will not breach his duty of care
Latimer v AEC ltd
D took a reasonable precaution when he used sawdust on the wet floor

Question 7

Social Utility

Answer 7

If D is acting to stop further harm from happening, he will not breach his duty of care
Watts v Herts
D was preventing greater harm when he crashed into C, so didn’t breach his duty of care