Breach of Duty

Cards (8)

  • Roe v Minister of Health (1954)

    Unknown risks - C was paralysed by a contaminated anaesthetic. Since it was unknown that contamination could occur in this way, there was no breach.
  • Day v High Performance Sports (2003)

    Potential benefits - C had to be rescued while climbing an indoor wall and he fell and was injured. The benefit of rescuing the climber outweighed any potential risk so the standard of care was lower.
  • Latimer v AEC (1953)

    Cost of taking precautions - C was injured when he slipped on a wet floor. D took sensible precautions by laying sawdust to reduce effects of flooding. To eliminate risk would mean closing the factory which would have been disproportionate to the level of risk
  • Paris v Stepney (1951)

    Seriousness of potential harm - his employer was under a higher duty to provide protective goggles to him because the risk of him becoming completely blind was greater
  • Haley v LEB (1965)

    Probability of harm - blind man fell in a hole marked by a hammer, the probability of harm was high and they should have done more to prevent it
  • Bolton v Stone (1951)

    Probability of harm - there was no breach of duty by the cricket club as it had taken reasonable precautions
  • Nettleship v Weston (1971)

    A learner driver is expected to meet the same standard as a reasonable, qualified, competent driver.
  • Blyth v Birmingham Waterworks (1856)

    D will have breached their duty of care if they fail to act in a way that a reasonable person would have or vice versa