What do you always repeat at beginning of breach of duty?
D must meet usual standard of care which is of a reasonable man - Blyth
Reasonable person is ordinary person performingtaskscompetently - Wells v Cooper
What is the first part of breach of duty
Does D belong to any 'class of persons'
Learners - same standard of reasonable qualified person (Nettleship v Weston)
Children - held at standard of reasonable person their age (Mullin v Richards)
Professionals - held at higher standard of reasonable person in profession. (Bolam test - would a body of opinion in that profession agree with D's actions)
In medical cases patients need to be advised on all possible risks (Montgomery v Lanarkshire Health)
What is the second part of breach of duty?
Do any risk factors apply?
Size of risk
Higher risk = higher standard of care - Haley and lower risk = lower standard of care - Bolton v Stone
