Tort: Breach of duty

• Drivers owe a duty to pedestrians as established in Bourhill v Young
• In deciding whether a driver breaches their duty, they are judged against the standard of the ordinary driver, as seen in Blyth v Birmingham Waterworks and Nettleship v Weston
• Texting while driving is likely to result in breaching the duty of care
• Katie is expected to perform to the standard of an ordinary person in her position, as in Blyth v Birmingham Waterworks
• Reading while near a road poses a risk of serious injury and may constitute a breach of duty, as in Paris v Stepney
• Doctors owe a duty to patients, as shown in Roe v Minister of Health and Bolam v Friern Barnet HMC
• A greater standard of care is expected for medical professionals, according to the Bolam Test
• Supermarkets owe a duty to customers and are expected to perform to the standard of the ordinary retailer in their position, as in Blyth v Birmingham Waterworks