Tort Law - Breach Flashcards
Negligence
Blyth v Birmingham
Introduced ‘reasonable person test’ this asks did the defendants actions fall below those of a reasonable person.
Nettleship v Weston
Learner driver’s third lesson, broke instructors kneecap, was stated that “learner driver may be doing his best but his incompetent best is not good enough.”
Age - Mullins v Richards
15 year old school girls ruler fighting, splinters, claimant lost an eye, defendant not liable as shown the standard care of an average 15 year old.
Age - Orchard v Lee
Claimant was a playground supervisor who was injured by a 13 year old who was playing tag and ran into her. The court said the child would have to be “careless to a very high degree” before any breach - so not liable.
Professionals - Bolam v Friern Hospital Management Commitee
Following standards laid down by a professional body to a competent standard - not liable.
Professionals - Wells v Cooper
Defendant was a carpenter, fixed a door handle but later it came off and injured the claimant- the work was in line with average carpenter therefore not liable.
Factors - Likelyhood of Injury - Bolton v Stone
If there is significant risk then the defendant is expected to take more care. Cricket ball, 17 foot fence, hit 78 yards, cleared the fence 6 times in 30 years - not liable.
Factors - Cost of Precautions - Latimer v AEC
Defendant company flooded, took many steps to ensure safety but did not close the factory as the cost would be huge. Claimant slipped on an wet floor - no breach - not liable.
Factors - Potential Seriousness of Injury - Paris v Stepney
Where there is a risk of serious injury defendant is expected to be more careful. Claimant was a 1 eyed work woman, under vehicles doing work, asked for goggles but not given, lost her sight so now blind- clearly a risk so liable.
Factors - Social Utility - Watt v Hertfordshire
Some activities are so important that it is excusable to take some risk. A fireman was injured by a heavy jack which was not secure, it was an emergency, normally would’ve been breach but given the emergency circumstances there was no breach.
