Negligence - Breach Of Duty
- Created by: eleanorhall18
- Created on: 21-03-19 12:03
View mindmap
- 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?
- 'Reasonable person' test
- 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
- Day
- 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
- Defintion
- 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
- Latimer
- D will have acted reasonably if he has taken all reasonable precautions. A reasoonable man will do all he can to pevent injury
- Defintion
- 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
- Roe
- The likelyhood of harm/injury. Greater the risk of harm, greater the precautions should be taken
- Defintion
- Are there any special charcateristics of C?
- What are the benfits of take the risk?
- 4. They are:
- How many risk factors are there to consider when deciding what STANDARD of care D owes?
- definition
Comments
No comments have yet been made