Law of Tort - breach of duty (negligence)

Question 1

What is a breach of duty?

Answer 1

Once it has been shown that there is a duty of care, the claimant must prove the duty of care has been breached

Beached = broken

Question 2

What is the test for breach of duty?

Answer 2

Reasonable man test

Question 3

Explain the reasonable man test
- give a normal example

Answer 3

Helps to establish the standard of care that is required

Orchard v Lee (2009)
Claimant was a dinner lady supervising school playground - suffered injuries when 13 yr old boy ran backwards into her - sued boy for negligence - court held that children should be judged against what a reasonable child their age, not an adult

Question 4

Describe the professional case using reasonable man

Answer 4

Professionals: Bolam (1957)

1. Does D’s conduct fall below the standard ordinary, competent member of the profession?
2. Is there a substantial body of opinion within the profession that would support D’s course of action?

Question 5

When the court decides whether there has been a breach of duty, what will they consider? (4)

Answer 5

1. Whether the standard of care should be raised of lowered (such as if D is a child)
2. Whether the reasonable person would have taken more or fewer risks in the same situation
3. Whether the appropriate precautions were taken
4. Was there a public benefit to taking the risk?