Tort of Negligence - Breach of Duty

Question 1

What cases are examples of the breach of duty - the likelihood of an accident happening?

Answer 1

Bolton v Stone (1952)
Miller v Jackson (1977)

Question 2

Bolton v Stone

Answer 2

A batsman, playing in a cricket ground run by the defendant cricket club, hit a cricket ball over a 17 foot-high fence. The claimant, who was in the street outside the cricket ground, was hit by the ball. A ball had been hit outside the fence six times over 30 years; therefore, the risk of it happening was foreseeable but small. It was held that the defendant club was not liable. They had taken reasoning precautions in maintaining a 17 foot fence and the risk of a ball going over was so small the club was entitled to ignore it.

Question 3

Miller v Jackson

Answer 3

The claimant’s house, which was close to a village cricket ground, was damaged by cricket balls. Balls were hit over the fence around 8/9 times a season, and the claimant’s property had been damaged more than once. It was held that the defendant cricket club was liable. The risk was sufficiently large to have expected more precautions from the cricket club.

Question 4

What case is an example of breach of duty - the extent of potential harm?

Answer 4

Paris v Stepney Council

Question 5

Paris v Stepney Council

Answer 5

The claimant was blind in one eye and the defendant was aware of this disability. The claimant was working in the defendants garage under a vehicle, when a piece of metal went into his good eye and blinded him. At the time it was not standard practice to issue safety goggles. It was held that the potential severity of damage to the claimant was greater than other workers and, therefore, the defendant was liable for not providing him with goggles.

Question 6

What case is an example of breach of duty - the practicability of taking precautions: risk-benefit analysis?

Answer 6

Withers v Perry Chain Ltd
Latimer v AEC

Question 7

Withers v Perry Chain Ltd

Answer 7

The claimant worked in a factory which used a lot of grease. The claimant became allergic to grease and the employer moved her to another job where there was much less contact with grease but her allergy was still triggered. It was held that the employer had done everything that could reasonably be expected to be done and he was not in breach of hid duty of care.

Question 8

Latimer v AEC

Answer 8

A factory suffered a flood which left the floor slippery. The defendant spread sawdust over the most used walkways and issued employees with warning to be careful. The claimant suffered an injury when he slipped in an area that had not been treated with sawdust. The claimant argued the defendant should have shut the factory completely but it was felt that the extent of the risk and the likely injury did not justify this response. The precautions taken were reasonable in the circumstances.

Question 9

What case is an example of breach of duty - skilful claimants?

Answer 9

Roles v Nathan

Question 10

Roles v Nathan

Answer 10

Two chimney sweeps were overcome with fumes while attempting to seal a hole in a flue. The boiler was alight, but should have been switched off when the work took place. It was held the defendant was not negligent. The sweeps should have known, given their experience, that the boiler should have been extinguished before work began.

Question 11

What case is an example of breach of duty - the qualifications claimed by the defendants?

Answer 11

Bolam v Friem Hospital Management Committee
Phillips v William Whitely
Wilsher v Essex Area Health Authority

Question 12

Bolam v Friem Hospital Management Committee

Answer 12

The claimant sustained a fractured pelvis whilst undergoing electro-convulsion therapy at the defendant’s hospital. He may three complaints 1) the doctor had not warned him of the risks 2) he had not been given relaxant drugs 3) he hand not been restrained during the treatment. It was held that the doctor was not in breach of his duty because at the time, the way the treatment was administered was accepted.

Question 13

Phillips v William Whitely

Answer 13

The claimant contracted a disease after having her ears pierced by the defendant. It was held that the defendant was not liable because the standard of care required by the defendant was that of a skilled and competent war piercer, not a medical practitioner.

Question 14

Wilsher v Essex Area Health Authority

Answer 14

It was irrelevant that a doctor was newly qualified and had been working excessively long hours when she treated the claimant. The action were judged by what the ordinary skilled man in that job or profession would have done.

Question 15

What case is an example of breach of duty - good practice?

Answer 15

Thompson v smiths Ship Repairers Ltd

Question 16

Thompson v Smiths Ship Repairers Ltd

Answer 16

The defendant employers failure not to provide ear protectors to their employees was held not to amount to a failure to take reasonable care until they had been alerted to ensure the workers used them by via a government circular.

Question 17

What case is an example of breach of duty - unhappy outcome?

Answer 17

Luxmoore May v Messenger May Bakers

Question 18

Luxmoore May v Messenger May Bakers

Answer 18

The defendants were auctioneers who failed to correctly value two paintings owned by the claimant. As a result, the claimant lost money when they were sold. It was held that the claimants failed to prove that the defendants had acted without reasonable care.

Question 19

What case is an example of breach of duty - the burden of proof in negligence and ‘res ipsa loquitur’?

Answer 19

Scott v London and St Katherine Docks Co
Barkway v South Wales Transport Co Ltd

Question 20

Barkway v South Wales Transport Co Ltd

Answer 20

A bus, without apparent reason, mounted a pavement resulting in injury to the claimant. An investigation revealed the tyre had burst due to a defect which could not have been known to the defendant. Res ipsa loquitur could not apply in this case as the exact cause of the accident was known. However, there was evidence that the bus company should have instructed drivers to report significant impacts suffered by tyres that might weaken them. Failure to do this meant the defendants were liable.

Question 20

Scott v London and St Katherine’s Docks Co

Answer 20

The claimant, a dockworker, was injured when large heavy bags of sugar fell from the open door of the defendant’s warehouse. It was held that the doctrine of res ipsa loquitur applied. The bags of sugar could not have fallen from the door of the warehouse without fault on the part of the defendant. The defendant was liable for the claimant’s injuries.