2)Breach of duty Flashcards
(57 cards)
What is the first step in establishing a claim in negligence?
Establish the kind of loss or damage sustained by the claimant and that a duty of care is owed by the defendant in relation to that loss.
What are the two stages in determining whether there has been a breach of duty?
- Establish the standard of care expected of the defendant (legal question)
- Examine all facts and circumstances to see if the defendant has fallen below that standard (factual question)
What is the general rule for the standard of care expected from a defendant?
The defendant must behave as a reasonable person would in all the circumstances.
Who provided the classic description of the standard of care in Blyth v Birmingham Waterworks?
Alderson B
What does the reasonable person standard entail?
It is an objective test that considers what a reasonable person would have done in the same circumstances.
True or False: The standard of care is adjusted for the personal characteristics of the defendant.
False
In the case of Nettleship v Weston, how was the learner driver judged?
By the standard of the ordinarily competent driver without allowance for her lack of experience.
What was held in Wilsher v Essex AHA regarding junior doctors?
A lower standard of care did not apply to those training within a profession.
What principle is illustrated by Condon v Basi regarding competitive sports?
The standard of care in competitive sports is objective, differing by circumstances.
What is the professional standard of care based on?
What the reasonable professional in that field would have done.
What case established that a defendant must reach the standard of a reasonable child of their age?
Mullin v Richards
Fill in the blank: The standard of care is based on the _______ and not the actor.
act
In Roberts v Ramsbottom, what was the defendant judged against?
The standard of the reasonable competent driver.
What was the outcome of Mansfield v Weetabix Ltd regarding the lorry driver?
The driver was found not liable as he was unaware of his impairment.
What factors do courts consider when determining breach of duty?
- Likelihood of harm
- Magnitude of harm
- Practicality of precautions
- Benefit of D’s conduct
- Common practice
- ‘State of the art’ defence
- Sport
According to Bolton v Stone, what was the likelihood of harm that led to no breach?
The chance of injury was so slight that it was not reasonable to guard against it.
What was held in Paris v Stepney Borough Council regarding the provision of protective goggles?
The defendant was liable due to the significant consequences of the injury.
What does the practicality of precautions factor assess?
How easily the risk could have been avoided and the balance of cost against severity of risk.
In Watt v Hertfordshire County Council, why was there no breach by the firemen’s employer?
The risk of injury was small and justified by the aim of saving life.
What does the Compensation Act 200 focus on?
What principle allows for justified risks in emergencies?
Abnormal risks may be justified when life is at stake
What does s 1 of the Compensation Act 2006 allow courts to consider?
The deterrent effect of potential liability on socially desirable activities
What is the Social Action, Responsibility and Heroism Act 2015 focused on?
Considering if a person acted for the benefit of society or demonstrated a responsible approach in emergencies
What can be argued if a defendant acts in accordance with common practice?
This may help the defendant escape liability
