Breach of Duty

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  • Created by: Tom Ower
  • Created on: 19-05-13 12:03
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  • Breach of Duty
    • Must be proved the D acted carelessly
    • Blyth v Birmingham Waterworks 1856
      • 'Negligence is the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.' - Baron Alderson
        • Reasonable man = ordinary person doing a task e.g. Wells v Cooper 1954
    • Any personal difficulties or disabilities that might be encountered by D cannot be taken into account.
    • Professional Persons
      • Bolam v Friern Hospital Management Committee 1957
    • Children - expected to act as the  same age of D
      • Mullins v Richards 1998


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