Breach Of Duty neg Flashcards Preview

Tort Law > Breach Of Duty neg > Flashcards

Flashcards in Breach Of Duty neg Deck (6)
Loading flashcards...
1

Questions to ask for breach of duty?

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

2

What did Bolam establish?

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

3

What did Wilsher establish?

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

4

What is said about amateurs carrying out pro activity?

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

5

What is the Bolam testv

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

6

How does Bolitho place limits on Bolam?

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