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
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…