Breach of Duty

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  • Breach of Duty
    • Blyth v Birmingham Waterworks - the defendant breaches his duty if he fails to reach the standard of the reasonable man.
    • Roe v Minister of Health - in order to breach your duty the risk of breach must be foreseeable.
    • Ordinary man - Wells v Cooper - should be judged against the standard of a reasonably competent person doing the same thing.
    • The learner - Nettleship v Weston - the standard of the learner is the same as the person doing the job.
    • The professional - Bolam - What would the reasonable professional have done?
    • The young - Mullin v Richard - What would an ordinary and reasonable child of the same age do?

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