Breach Of Duty Flashcards
(13 cards)
Who is the reasonable man
Objective test: the reasonable man is the ordinary person performing the task competently.
Reasonable man test: ( Blythe v BW) - apply every time
When is D in breach of their duty?
If their behaviour falls below the standard expected of the reasonable person
What are the 4 types of reasonable person
Ordinary person
Reasonable child
Reasonable learner
Reasonable professional
Ordinary person
No other characteristics (cooper v wells)
Reasonable child
Standard lower, held at the standard of a reasonable child (Mullins v Richards)
Reasonable learner
No allowances made for inexperience, same standard (Nettleship v Weston)
Reasonable professional
Held at a higher standard. Doctor - reasonable medical body of opinion (Bolam)
What will the courts consider when determining breach of duty
The court will consider what is expected of D and whether he failed to do it OR did it to a poor standard
The standard expected is that of the reasonable man inthe same circumstances as D (Blyth v BW)
What are the 4 risk factors are considered when deciding the standard of care expected
Likelihood of harm / size of risk
Special characteristics of the C
Cost of practical precautions
Social utility
Likelihood of harm
The more likely the harm, the greater care that is expected of D (Bolton v Stone)
Special characteristics of C
If the C has any special characteristics then a higher standard of care is expected where a serious injury is foreseeable (Paris v Stepney)
Cost of reasonable precautions
The lower the cost of reasonable precautions, the higher the standard of care expected (Latimer v AEC)
Social utility
If what D is doing is valuable to society then he may not be held in breach of duty (Watt v Herts CC)
