Breach of Duty

Understanding of breach of duty along with case examples.

HideShow resource information
Preview of Breach of Duty

First 486 words of the document:

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
could
BOD.

Other pages in this set

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all resources »