Negligence - Breach Of Duty

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  • Negligence - Breach Of Duty
    • definition
      • when dthe defendant breaks the D.O.C that they owe to someone
    • Test to determine the 'standard of care'?
      • 'Reasonable person' test
        • Is D doing something that a 'reasonable man' would or wouldn't do?
    • Finding a higher or lower standard of care:
      • How many risk factors are there to consider when deciding what STANDARD of care D owes?
        • 4. They are:
          • What are the benfits of take the risk?
            • Defintion
              • There is a lower standard of care in an emergency. Court must balance the measures taken to present the injury and the benefit taking the risk would have for the public
                • Day
                  • A climber discovered she was not tied on and panicked, so needed to be rescued. When being rescued, D broke her arm, but in an emergency situation, the standard of care is lower, so C lost as D was rescuing her
          • Have all practical precautions been taken?
            • Defintion
              • D will have acted reasonably if he has taken all reasonable precautions. A reasoonable man will do all he can to pevent injury
                • Latimer
                  • D was a factory owner whose factory flooded after a storm. C slipped and injured his ankle, and even though sawdust was put down to soak up the liquid, it did not cover all the floor. But, D ha taken all the reasonable precautions anyone would do, without having to close the factory e.g. emailing all staff, putting up signs
          • What is the size of the risk?
            • Defintion
              • The likelyhood of harm/injury. Greater the risk of harm, greater the precautions should be taken
                • Roe
                  • There was no likelyhood of risk, so shouldn't be excpeted to prepare for a one
                • Hayley
                  • D was aware that many old, blind people walked along the pavement he was working on, and did not take all practical precautions to prevent thier injury (no barriers, just signs). A reasonable man would have been aware of the common people around theat area, and would have taken all practical precatutions to prevent their injury
          • Are there any special charcateristics of C?

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