Breach of duty

• The Reasonable Person


  The ordinary person doing a task
• Size of Risk


  higher risk=higher standard or care

  Haley v London Electric Board
• Seriousness of the Risk

  more serious risk = higher standard or care
• Special Characteristics


  If D is aware of vulnerabilities additional safety measures should be taken = increased standard of care

  Paris v Stepney Borough Council
• Appropriate precautions


  If taken=decreased standard or care

  If not taken=increased standard of care

  Latimer v AEC Ltd
• Unknown Risk


  If risk of harm is not known, there can be no breach

  Roe v Minister of Health
• Learner (Special Characteristics)


  The standard of care is not lowered for someone who is untrained

  (Nettleship v Weston)
• Professional (Special Characteristics)


  They have the same standard of care as a reasonably competent professional within that field

  (Roe v Minister of health)
• Children (Special Characteristics)

  They are not excluded from the claim of negligence - compared to reasonably competent child of that age.

  (Orchard v Lee)