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Flashcards in Breach Deck (9):
1

If defendant can show he has acted in accordance with a practice usually followed by others in that field, he may escape liability

Maynard v West Midlands HA

2

Court can rule that the common practice is negligent

Re Herald of Free Enterprise

3

Magnitude of risk

Bolton v Stone (cricket ball)
Pearson v Lightening (golf ball)

4

State of the art

Roe v MOH

5

Seriousness of injury

Paris v Stepney
Watson v British Boxing Board

6

Practicality of precautions

Latimer v AEC

7

Utility/potential benefit of defendant's conduct

Watt v Hertfordshire CC (fireman injured)
Ward v London CC (fireman red light)

8

There must be damage. Excessive dust not damage

Hunter v Canary Wharf

9

Where mother has healthy child, she has suffered no loss even if her own health deteriorates

R v Croydon