Breach of Duty - In more detail (note form)

Breach of Duty - In more detail (note form)

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Breach of Duty
The standard of care
Special characteristics of D
Nettleship v Weston
Learner Driver
Crashed into a lamp post
Sued by her instructor
Held she should have driven at a standard
Of a competent driver
Special characteristics of C
Paris v Stepney B.C.
One eyed welder
Not given any goggles when working
Spark flies in his good eye
C now totally blinded
Employers were liable
Magnitude of risk
Bolton v Stone
C hit by cricket ball
Ball flew out of the ground once every five years
Ground had 17 ft fence
Held D not liable, risk too small
Practicality of taking Precautions
AEC v Latimer
Flooding in a factory
Floor very slippery, sawdust is put down
C slips is injured and sued
Held D had done enough, further precautions would not have been practical
Bolam v Freirn Barnet Hospital
C given electric shock treatment
Suffered broken bones because given a relaxant.
Not all doctors gave the relaxant
But was accepted practice
D was not in breach

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