Breach of Duty - Negligence FC's

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Breach of Duty Test
Did the Defendant meet the standard of the "Reasonable Person"? Blyth v B'ham Waterworks [1856]
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Breach of Duty Test Three Considerations
1. Objective Standard 2.Doesn't have to reflect average behavior 3.Don't have to be at fault morally, only legally - Denning in Nettleship
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Relevant Factors to BOD: 1. Foreseeability of Harm
Roe v MoH [1954]
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RF's to BOD: 2. Magnitude of Risk
Likelihood of harm (Bolton v Stone [1952]) and Seriousness of Consequences (Stepney BC v Paris [1950])
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RF's to BOD: 3. Burden of Taking Precautions
The easier/cheaper, higher expectation of taking - The Wagon Mound No 2 [1967]
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RF's to BOD: 4. Utility of Conduct
Less liability if harm caused whilst trying to be of use to society - Watt v HertfordshireCC [1954] and S 11 Comp Act 2oo6
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RF's to BOD: 5. Common Practice
Failure to conform can be strong evidence be C must show it is the cause - Browns v Rolls Royce [1965]
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Res Ipsa Locitur
It speaks for itself - Court can draw inferences if C cannot prove why something happened - Scott v London and St Katherine Docks [1865]
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RIL Three Requirements
1. Occurrence would not occur normally, 2. D must have had control of thing causing harm and 3. Cause of occurrence must be unknown to C
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Criminal Conviction Proving Breach
Criminal Conviction for same offence proves breach - S 11 Criminal Evidence Act 1968 & Wauchope v Mordecai [1970]
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Bolam Test - Bolam v Friern Hospital Management [1957]
1. Where D claims to have a special skill, he is tested to the standard of the "reasonable man with that special skill" 2. If actions are in line with standards practice/used by other members of that profession there is no liability
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Bolitho v Hackney and City Health Authority [1998]
Bolitho [1998] states use of technique must be based on reasonable grounds/logical basis
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Informed Consent
"Informed Consent" cases - Dr must disclosure all risks to which the patient will attach significance - Sidaway v BEthlem Royl Hospital [1985]
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Children Standard of Care
Children - "standard of conduct from the reasonable child" - Mullins v Richards [1998]
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Learner Drivers
Leaner Drivers - same as qualified ones - Nettleship v Weston [1971]
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Emergencies SOC
Emergencies - lowers standard expected - Ng Chun Pui v Lee Chuen Tat [1988]
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Sports SOC
1. Only liable if "reckless" but expected to go all out for win - Woolridge v Sumner [1963] 2.Referees must safely inforce rules - Vowles v Evans [2003] 3. Breaking rules of a sport is not conclusive evidence of breach - Caldwell v Maguire [2002]
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Learned Hand Test - US v Carrol Towing Co. [1925]
B - Burden of Precautions, P - Probability of harm arising, L - Loss which could occur = Liability: B < P x L & Not Liable: B > P x L
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Card 2

Front

Breach of Duty Test Three Considerations

Back

1. Objective Standard 2.Doesn't have to reflect average behavior 3.Don't have to be at fault morally, only legally - Denning in Nettleship

Card 3

Front

Relevant Factors to BOD: 1. Foreseeability of Harm

Back

Preview of the front of card 3

Card 4

Front

RF's to BOD: 2. Magnitude of Risk

Back

Preview of the front of card 4

Card 5

Front

RF's to BOD: 3. Burden of Taking Precautions

Back

Preview of the front of card 5
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