Breach of duty

• Blyth V Birmingham waterworks

  ordinary person performing a task is expected to perform it reasonably competently
• Bolam V Friern Barnett HMC 


  Professionals are judged by the standard of the reasonable person of that profession
• 2 part test Bolam

  1. does the defs conduct fall below the standard of the ordinary competent member of that profession?
  2. is there a substantial body of opinion within the profession that would support the course of action taken by the def?
• Montgomery V Lanarkshire health board 


  Doctors are under a duty of care to warn patients about material risk
• Nettleship V Weston


  Learners are judged at the standard of the competent more experienced person
• Mullin V Richards


  Where def is not an adult, the standard of care is that of a reasonable person of that age
• Paris V Stepney Borough Council


  Where there is an increased risk/vulnerable/characteristics to claimant, more care must be taken
• Bolton V Stone


  The greater the risk, the more precautions def will have to take
• Haley V London electricity board


  Greater risk, more precautions def needs to take
• Latimer V AEC Ltd


  Need to take steps to avoid harm but courts don't expect the cost of precautions to outweigh the risk involved
• Roe V Minister of health


  If risk of harm not known, there can be no breach
• Watt V Hertfordshire County Council


  In emergency situations/public benefit, greater risk can be taken and lower standard of care accepted