breach of duty

• Blyth v Birmingham Waterworks


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


  professionals are judged by the standard of the reasonable person of that profession
• Bolam v Friern Barnett HMC


  2 stage test for professionals

  1. does the conduct fall below the standard of a reasonable competent professional
  2. is there a substantial body of opinion within the profession that would support the actions taken by D
• Montgomery v Lanarkshire Health Board


  Doctors are under a duty of care to warn patients about material risks
• Nettleship v Weston


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


  where D is not an adult, the standard of care is that of a reasonable person of age
• Paris v Stepney Borough Council


  where there's an increased risk to claimant, more care must be taken
• Bolton v Stone & Haley v London Electricity Board


  the greater the risk, the more precautions a defendant will have to take. fewer precautions are needed for lower risk
• 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 situation/public benefit, greater risks can be taken and lower standard of care accepted