Fair, having a fault element. Makes sure defendant is at fault before paying out. Inconsistent with most other torts which are strict liability.
Evaluation Of Breach Of Duty
Inconsistent, law in Nettleship. Inconsistent with the ruling of Bolam, unfair outcomes. Holding people at different standards is unfair. It creates an unjust system.
Evaluation Of Breach Of Duty
Useful through the removal of the fault element. Makes claims easier & no fault element had to prove this. However, insurance premiums become more expensive.
Evaluation Of Breach Of Duty
Unfair, difficult to prove medical claims. Protects defendants as close ranks, doesn’t put people off being a doctor. Makes it harder for claimant to claim.
