Breach of Duty 10 mark Essay

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  • Created by: cecollier
  • Created on: 01-04-14 16:25

Breach of Duty.

Breach of duty loos at the standard of care that the defendant owes the claimant

The first thing that the court will consider is whether the defendant showed reasonable competence; Nettleship v Weston. If the defendant is a professional they must shoe professional competence; Bolam, which states, "a man need not possess the highest expert skill... it is sufficient if he exercises the ordinary skill level of an ordinary competent man exercising that particular art or skill ". However, a professional is not liable in negligence if they "acted in accordance

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