Breach Of Duty

• Breach Of Duty - standard expected - Reasonable Man test (Blyth V Birmingham water works).
• Particular characteristics of defendant that might affect standard: Child defendants - judged against another reasonable child of same age. Mullins V Richards - 2 15 year olds play fighting with plastic rulers. One splintered and claimant lost sight in one eye. Defendant not liable because court held defendants behaviour to be typical of a 15 year old.
• Particular characteristics that might affect standard: Learners - court measures conduct against reasonable ordinary competent person. Nettleship V Weston 1971 - learner driver caused an accident. D was liable because his actions were judged against a reasonable competent driver who would have taken more care.
• characteristics that may affect standard: Experts - Bolam V Friern - D, a doctor, whilst treating mental health patient (claimant) decided not to give C relaxant drugs. The defendant doctor was not liable as a substantial body of doctors would support the actions the doctor chose.
• Breach risk factors - size of risk - When there is little risk of harm occurring, defendant will not be expected to take much care. If there is a large chance of risk, defendant expected to take a greater degree of care.
• Low risk Example - Bolton V stone 1951 - Cricket ball hit out of grounds and hit claimant. Ball had only been hit out of ground 6 times and no one had been injured in past. The defendant was not liable as the degree of risk that the ball would be hit out of ground and injure someone was low.
• Breach risk factors - Magnitude of harm - The claimant has special characteristics which Defendant should take account of.
• Magnitude of harm example - Paris V Stepney - A welder with one eye was hired. Defendant failed to provide safety goggles and claimant lost sight in one eye. The defendant was liable because D should have taken into account the one eye - making risk much more serious.
• Breach risk factors - Precautions - were appropriate precautions taken
• Precautions example - AEC V Latimer - flood caused floor to be slippery. Defenfant spread saw dust and placed out signs. Claimant, a worker slipper over and was injured. Defendant not liable as defendant has taken all precautions held to be reasonable.
• Breach risk factors - Public benefit - If there is an emergency it is recognised greater risks may be taken and standard of care lower.
• Public benefit Example - Watt v Hertfordshire - in response to a road accident, fire service used innappropriate jack to try secure vehicle. Vehicle fell and injured claimant. The defendant was not liable because although it was the fire service who made a mistake, they were acting under pressure to help save a life.