Breach of Duty

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Breach Of Duty

DEGREE OF RISK

Where it is reasonably foreseeable that there is a risk, D should be cautious. However, not every risky act is regarded as negligant. 

Bolton v Stone

  • Cricket ball was hit over a 17ft fence and hit C on the head
  • A cricket balls being hit out of the ground has only happened 6 times in 30 years and no one had ever been injured.
  • D was not negligant as risk was so small

          (http://bama.ua.edu/~cricket/batsman.jpg)

SERIOUSNESS OF HARM

The magnitude and seriousness of the risk must also be considered when decideing if there has been a breach in duty.

Paris v Stepney BC

  • C was blind in…

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