Week 9 - Breach of Duty Flashcards
1
Q
How are the less experienced treated differently if they breach duty?
A
They are treated the same as everyone else (unless specific circumstances)
2
Q
How are the professionals treated differently if they breach duty?
A
They are treated with higher standards
3
Q
What two things will courts weight up?
A
The likelihood of harm and potential seriousness of harm against the cost of prevention and usefulness of defendant’s actions