Breach of duty

• Has the defendant breached his duty of care?

  1. The Standard of Care
  2. Degree of risk
• The Standard of Care - (Bolam v Friern Hospital)

  The 'prudent' and 'reasonable' man
• Degree of risk (Bolton v Stone)

  The degree of risk is relevant in terms of how cautious the defendant ought to be

  Small risk = Minimal Precautious

  Big risk = Substantial Precautious

  Precaution need only ever be reasonable
• Standard of care

  The defendant must breach their duty of care by falling below the standard of the reasonable man in the same situation.

  Factors to take into consideration like the seriousness of harm and cost of prevention.