Breach

• The standard of care is a foundation. If someone falls below the standard, that's a breach.
• Reasonable person: Ordinary person performing the task competently.

  Vaughan v Menlove
• Learner drivers are judged at the standard of a competent, more experienced person.

  Nettleship v Weston.
• Professionals are judges by the standard of the profession as a whole.

  Bolam v Friern Barnet Hospital Management Committee.
• Children and young people have the standard of a reasonable person of that age at the time of the accident.

  Mullin v Richards.
• There are risk factors which may raise or lower the standard of care expected:

  1. Special characteristics of the claimant
  2. Size of risk
  3. Have all appropriate precautions been taken
  4. Were the risks known about at the time of the accident?
  5. Is there a public benefit to taking the risk?
• Paris v Stepney BC: Special characteristics of the claimant.
• Bolton v Stone: Size of risk - Low risk.
• Haley v London Electricity Board: Size of risk - High risk.
• Latimer v AEC: Have appropriate precautions been taken?
• Roe v Minister of Health: Were risks known about at the time?
• Watt v Hertfordshire CC: Public benefit to taking the risk
• Day v High Performance Sports: Breach due to an emergency.