breach of duty

• Once it has been shown that a duty of care is owed, what does the claimant have to prove?

  That the duty of care has been broken by failing to reach the required standard of care. The standard objective is that of the "reasonable person".
• What is The Reasonable Person?

  This is the ordinary person performing the task competently. There are 4 variations of the "reasonable person": professionals, learners, young people, and ordinary.
• What standard are professionals judged by?

  The standard of other professionals.
• What standard are learners judged by?

  The standard of the competent, more experienced person.
• What standard are young people judged by?

  The standard of a reasonable person of the defendant's age of the time of the accident.
• What standard are ordinary people judged by?

  The standard of an ordinary person on the street.
• What is an example of a case involving a professional?

  Bolam V Friern Barnet Hospital Management Committee
• What is an example of a case involving a learner?

  Nettleship V Weston
• What is an example of a case involving a young person?

  Mullins V Richards
• What is an example of a case involving an ordinary person?

  Wells V Cooper
• When the court considers a breach of duty, what will it take into account about the situation?

  Certain risk factors to consider whether the standard of care should be raised or lowered.
• What are the 5 risk factors considered in court?

  • Special characteristics
  • Size of risk
  • Appropriate precautions
  • Unknown risks
  • Public benefit
• How will consideration of special characteristic affect the the likelihood of a breach of care?

  The standard of care is increased so a breach is more likely.
• How will consideration of the size of the risk affect the the likelihood of a breach of care?

  The lower the risk, the lower the standard of care and so a breach is less likely. The greater the risk, the higher the standard of care and so a breach is more likely.
• How will consideration of appropriate precautions affect the the likelihood of a breach of care?

  If precautions are taken to lower the risk, the standard of care is lowered and a breach is less likely.
• How will consideration of unknown risks affect the the likelihood of a breach of care?

  If the risk of harm is unknown, there can be no breach.
• How will consideration of public benefit affect the the likelihood of a breach of care?

  If the risk is for the benefit of the public, the standard of care is lowered and a breach is less likely.
• What is an example of a case containing special characteristics?

  Paris V Stepney Borough Council
• What is are examples of cases considering the size of a risk?

  Bolton V Stone and Haley V London Electricity Board
• What is an example of a case considering the appropriate precautions taken?

  Latimer V AEC Ltd
• What is an example of a case considering the unknown risks?

  Roe V Minister of Health
• What is an example of a case considering the public benefit?

  Watt V Hertfordshire County Council