Breach of Duty

Understanding of breach of duty along with case examples.

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D will be in breach of duty by * Special rules apply to children, Learners will be compared to A junior doctor will be A skilled person or an expert
falling below the standard of learners and professionals * the qualified as in Nettleship v compared to a qualified will be compared to another
the ordinary reasonable Weston where a learner driver doctor as in Wilsher v Essex expert as in Bolam , where V
person . It was stated in Blyth v Children will be compared to went round a corner too fast AHA where a premature baby went to hospital for electric
Birmingham Waterworks that other children as in Mullins v and lost control. D was liable was given too much oxygen shock therapy and broke
negligence is omitting to do Richards where two girls had a as a learner holds the same through a vein and was several bones (GBH). There
something the ORP would do/ play fight with a ruler and one was insurance as a qualified driver. blinded. There was no breach , was no breach as the doctor
doing something they blinded. D was not liable as this is as a senior doctor didn't still followed professional
wouldn't. likely to happen in other schools. notice either. guidance & opinion.
The court will then consider There was a known risk of injury in b) The practicability of taking c) The seriousness of harm to d) The social importance of
the following factors in Haley v London Electricity where a precautions as in Latimer v AEC a vulnerable claimant as in taking a risk as in Watt v
deciding if there has been a blind man fell down a hole that Ltd where a factory was Paris v Stepney BC , where a Hertfordshire CC , where a
BOD: had no barrier round it, only a flooded, and a manager put oneeyed mechanic was not woman was trapped in a car
sledgehammer laid across. saw dust on the floor over oil. provided with goggles and was accident and a special jack
a) The degree of risk involved . Although they didn't know that a When V fell, it was deemed his blinded. As he is more was to be carried in a lorry,
blind man would pass, they should own fault as reasonable vulnerable, he should have and squished the supervising
There was a low risk of injury taken precautions to minimise the precautions were taken been given goggles due to the fire officer. Due to the woman
in Bolton v Stone where a risk. including informing staff. high risk of injury, so D was in being endangered, there was
cricket ball hit V as a 17ft no BOD.
fence had been installed, and
the risk was so low no one

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