Breach of Duty
- 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
- '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
- 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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