Breach of Duty of Care - AQA AS Law Unit 2

Question	Answer
Reasonable man test	Blythe v Birmingham Waterworks Co. - omission to do something which a reasonable man would or would not do.
Learner	competent at what he does, held to same standard as experienced and competent driver Nettleship and Weston
Specialist	held to higher standard (even if acting in place of a specialist) must use skills they posess - Bolam v Friern HMC
Children	judged against somebody their own age (lower standard) Mullin v Richards
degree of forseeablity	if the reasonable man could see the risk - Roe v Minister of Health not foreseeable at the time that person would get injured by stuff going through needle.
size of risk/likelihood of harm	Bolton V Stone - Cricket pitch even if foreseeable if it really small than not required to take precautions.
Importance of the activity	Watt v Hertfordshire County Council - FM injured when FE braked. Risk of not sending it out was greater than risk of sending it out as putting out fire was important.
practicality of precautions	if cost is out of proportion to the benefits then it is not unreasonable - Latimer v AEC claimant injured in flodded factory but had already sawdusted the flaw and taken reasonable care.
potential seriousness of injury	if risk of s.i then take greater care (tsr and degree of harm) - Paris v Stepney only 1 good eye and employers didn't make him wear safety goggles. under more obligation to him as he was at a greater risk.

Resource summary

	Created by Erin Ashby over 9 years ago