Breach of Duty (Negligence) Flashcards
(15 cards)
What two parts is breach of duty made up of?
- Reasonable person test
- Risk factors
What is the reasonable person test?
- D breaches their duty of care if they fail to act in a way which a reasonable person would have/acts in a way a reasonable person wouldn’t have
- Blyth v Birmingham Waterworks 1856
Case for RPT
Nettleship v Weston
What are the circumstances where D’s characteristics would be relevant? (RPT)
- Children judged against reasonable child of the same age (Mullins v Richards 1998)
- Amateurs judged against other reasonably skilled amateurs doing the same task (Wells v Cooper 1958)
- Professionals/experts judged against competent experts in the same field (Bolam v Barnet Hospital 1957)
What are the 5 risk factors?
- Probability of harm
- Seriousness of harm
- Cost and practicality of taking precautions
- Potential benefits (social utility)
- Unknown risks
Probability of harm (RF)
- Probability of harm low: D not expected to take as much care to guard against the risk
- Probability of harm high: higher standard of care expected
Case for probability of harm (RF)
Bolton v Stone
Seriousness of potential harm (RF)
If potential harm could be serious (e.g if C is especially vulnerable) standard of care must be raised
Case for seriousness of harm (RF)
Paris v Stepney
Cost and practicality of taking precautions (RF)
Court will balance size of the risk with cost/effort to the D in guarding against it
Case for cost and practicality of taking precautions (RF)
Latimer v AEC
Potential benefits (RF)
Standard of care lower if there is a greater public benefit to the activity e.g in an emergency
Case for potential benefits (RF)
Day v High Performance Sports
Unknown risks (RF)
If risk of harm is not known, there can be no breach of duty
Case for unknown risks (RF)
Roe v Minister of Health
