Breach Of Duty neg Flashcards Preview

Tort Law > Breach Of Duty neg > Flashcards

Flashcards in Breach Of Duty neg Deck (6)
Loading flashcards...

Questions to ask for breach of duty?

What is the standard of care and did care fall below that
Likelihood of harm
Seriousness of harm


What did Bolam establish?

Dont apply R person for pro standard
Apply standard of ordinary man exercising and professing to have that special skill


What did Wilsher establish?

Inexperienced pros: held to standard of task they’re doing, to protect patient expectation


What is said about amateurs carrying out pro activity?

Wells v Cooper, dont hold to standard of pro hold to standard of enthusiast


What is the Bolam testv

Doc not neg if he has support if a body of medical pros


How does Bolitho place limits on Bolam?

Body has to be respectable, reasonable and respectable
Has to have logical basis (opinion)