Breach of Duty

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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

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