Breach of Duty
- Created by: Shannon Cunningham
- Created on: 14-04-14 11:48
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- Breach of Duty
- Definition
- D failed to reach the standard required.
- Reasonable man test
- Courts use the 'reasonable man' test to decide if someone is in breach of their duty of care.
- If the D has a skill, they're judged as the reasonable person with that skill.
- Factors
- Reasonableness varies in each case and the courts look at the factors to decide what is reasonable.
- 1. The size of the risk - the greater the risk, the higher the breach- Paris V Stephney.
- 2. Cost of Prevention - Bolton V Stone, only way to stop the cricket balls escaping was to build a dome over the ground. This would have been disproportionately expensive compared to the risk.
- 3.Practicatliy of precautions - In Latimer V AEC the company had taken all reasonable precautions after flooding, they were not in breach of duty.
- 4. Benefit from the risk - Watt V Hertfordshire council
- 5. Age - a child is judged against the standard of the reasonable child their own age as decided in Mullin V Richards.
- 6. Level of skill - the reasonable man is contempt in his chosen activity - In Nettleship V Weston a learner driver was judged against the standard of a reasonable driver.
- 7. Physical and mental state of the D and C - Mansfield V Weetabix
- Definition
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