Breach of duty Flashcards
(11 cards)
When has a person breached their duty?
When they fail to meet the standard of care expected of a reasonable person.
What does the objective test ask?
‘What would a reasonably competent person have done?’
What cases can be used for breach of duty?
Nettleship v Weston
Bolam
What kind of people does the standard of care change for?
Professionals
Children
What kind of people does the standard of care NOT change for?
Learners.
What are 3 risk factors taken into account for breach of duty?
Risk of harm
Reasonable precautions
Social utility
How does risk of harm affect breach of duty?
A high risk of harm means a higher standard of care is expected.
What case can be used for risk of harm?
Bolton v Stone.
D not liable as reasonable precautions were taken and risk was so low.
What case can be used for reasonable precautions?
Latimer v AEC where the use of sawdust meant all reasonable precautions were taken so D was not liable.
What is social utility?
The value or benefit of the defendant’s actions to society.
What case can be used for social utility?
Watt v Hertfordshire.
Fireman injured but no breach as he was acting in an emergency with high social value.
