Unit 1 cases

Question 1

Reasonable man test

Answer 1

The reasonable man test involves assessing risk on the one hand balanced against the practicality of taking the precaution. Latimer v A.E.C. Ltd [1953]

Question 2

Mullins v Richards [1998]

Answer 2

Children can be expected to be less careful than adults.

Question 3

Nettleship v Weston [1971]

Answer 3

Learner drivers are expected to exercise the same standard of care as experienced drivers.

Question 4

Bolam v Friern Hospital Management Committee [1957]

Answer 4

Doctors can escape liability if they can show there is an established body of medical opinion that would approve of that practice.

Question 5

Kirkham v Chief Constable of Greater Manchester Police [1990]

Answer 5

Man with history of depression and suicide risk commits suicide while under police care because they failed to inform the prison of this risk. The police were found to have owed the man a duty of care because of an assumption of responsibility. (So on occasion the police do owe a duty of care to an individual).

Question 6

Standard of care test

Answer 6

Blyth v Birmingham Waterworks (1856) - ‘negligence is the omission to do something which a reasonable man … would do …’