Breach of duty of care

• What test was produced in Blyth v Birmingham waterworks co.?

  Reasonable man test
• What does the reasonable man test assess?

  Omitting or doing actions a reasonable man would
• How is the reasonable man test characterized?

  It is objective and ignores personal peculiarities
• In Bolam v hospital management committee, what standard is a professional judged by?

  Standard of a reasonable person of that profession
• What happened in Mullin v Richards?

  A ruler caused blindness during a fight
• How is a child judged in legal cases?

  By the standard of a reasonable child
• What was the outcome of Nettleship v Weston?

  Trainees are judged by competent professional standards
• What factors can affect the standard of care of the reasonable man?

  Several factors can raise or lower the standard
• When does the reasonable man take more care?

  When a situation demands it
• How does knowledge of an employee's risk affect employer standards?

  It raises the standard of care expected
• What was the case of Paris v Stepney Borough Council about?

  An employer's duty of care for a blind employee
• What was the court's decision in Paris v Stepney Borough Council?

  The council owed a higher standard of care
• How does risk affect the precautions a reasonable man takes?

  More care is taken with greater risk
• What was the outcome of Bolton v Stone?

  The cricket club did not break its duty of care
• Why did the court rule in favor of the cricket club in Bolton v Stone?

  The risk of injury was deemed very small
• What was the case of Haley v London Electricity Board about?

  A blind man fell into a trench left open
• What did the court decide in Haley v London Electricity Board?

  It was foreseeable a blind person might be present
• What does a defendant need to show to act reasonably?

  They took reasonable precautions
• What was the case of Latimer v AEC about?

  A factory flooded causing slippery conditions
• What was the court's ruling in Latimer v AEC?

  All reasonable precautions had been taken