Breach of duty

• According to Blyth, what standard is a reasonable person compared to?

  An ordinary, competent person
• According to Nettleship, what standard is a learner judged at?

  The competent, more experienced person
• According to Mullin, what standard is a child/young person judged at?

  A reasonable person of the defendants age AT THE TIME of the accident
• According to Bolam, what standard is a professional judged at?

  Against others in their profession
• What question do we ask to determine if the defendant has breached the duty of care?

  Have they fell below the standard of care required
• The standard of care can be higher or lower
• When will the court take the three risk factors into account?

  When deciding what the reasonably competent person would've been expected to do
• What are the three risk factors?

  Risk of harm

  Reasonable precautions

  Social utility (benefit)
• Risk of harm

  Greater risk of harm = the more the D. is expected to do to take care
• Reasonable precautions

  Reasonable precautions to be taken; if so, no breach
• Is there a duty to eliminate ALL risks under reasonable precautions?

  No
• What is a case for reasonable precautions?

  Latimer
• What is a case for social utility?

  Watt
• What is a case where there is a smaller risk of harm, so D. expected to do less to take care?

  Bolton
• What is a case where there is a greater risk of harm, so D. expected to do more to take care?

  Paris