A-Level Law - Breach of duty

Reasonable man

Must act as a reasonably competent person doing the job

Blyth v Birmingham

Wells v Cooper

D not liable as task completed to competant degree

Different standards of performance

Learner

Professional 

Young Person 

Learner

Must reach standard of a RC person doing that task

Nettleship v Weston

Professional

Conduct must not fall below that of an ordinary competent professional

Would the majority of those in profession support course of action taken

Bolam case

D not liable as actions were backed by majority of professional opinion

Exception to standard of care

When a reasonable man cannot know that a standard procedure is dangerous he will not be in breach

Roe v Minister of Health

D didn’t breach DoC as side effects were unknown

Young person

When D is not an adult they must reach the competency levels of a person that age

Mullins v Richards - D deemed liable 

Risk factors

Special characteristics

Size of risk

Practical precautions

Benefit to taking the risk

Special characteristics

Must take more care where it is demanded

D must know about these characteristics for them to apply

Paris v Stepney - Increased SoC as D knew of C’s peculiarities

Size of risk

The greater the size the more must be taken 

Bolton v Stone - Size of risk so small DoC not breached

Haley v London Electricity -  Deemed RF that this would happen so in breach of DoC

Practical precautions

Reasonable man would take all practical precautions to prevent injury

Latimer v AEC - All pracrical precautions taken to DoC not breached

Benefit of taking the risk

SoC is lowered when reacting to an emergency

Watt v Hertfordshre CC - DoC not breached