BREACH OF DUTY: Explain + Apply

Question 1

What does this decide?

Answer 1

Whether D’s conduct fell below the standard of a reasonable person

Question 2

Reasonable person test

If the person acted as a reasonable person should have?

Answer 2

[Blyth v Birmingham]

[Glascow Corporation v Muir)

Question 3

D’s characteristics may be taken into account?

Answer 3

Nettleship, inexperience doesn’t count

Question 4

Children, standard of care will be that of a child the same age.

Answer 4

Mullins

Question 5

Amateurs, judged against other reasonably skilled amateurs

Answer 5

Wells v cooper

Question 6

Experts, judged against other professional

Answer 6

Bolam v Barnet hospital

Question 7

Patients must be informed of all risks!

Answer 7

Montgomery v Lanarkshire health

Question 8

Risk factors, standard lowered or higher end

Answer 8

Bolton v Stone

Question 9

seriousness of harm

Answer 9

Paris v stepney

Question 11

Cost + Practicality

Answer 11

Latimer

Question 12

Potential benifits or social utility

Answer 12

Day v High performance sports

Question 13

Unknown risks, if the risk of harm was not known, no breach

Answer 13

Row v Minister of health