8919710
Description
Flashcards by Molly Drake, updated more than 1 year ago
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Created by Molly Drake
over 7 years ago
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| Question | Answer |
| what are the 4 factors for assessing breach | 1. how likely is injury 2. how serious is injury likely to be 3. how practical is it to take precautions 4. how valuable is the defendants conduct |
| how likely is injury | Bolton v Stone: remote possibilities of harm are not considered breach of duty |
| how serious is injury likely to be | Paris v Stepney: defendant owes duty to individual claimant. When injury to C is likely to be worse than the reasonable person, there is a higher standard of care required |
| how valuable is d's conduct | Scout Association v Mark Adam: valuable conduct does not absolve liability. Compensation Act 2006: courts required to consider the social value of d's conduct |
| what is the influence of the criminal law in civil law | Barna v Hudes: violation of criminal law only persuasive evidence of negligence. Civil Evidence Act: facts found in criminal case cannot be challenged in civil courts. |
| what is the standard of care for drivers | Nettleship v weston: only one standard of care for drivers - reasonably competent driver |
| what are the cases concerning standard of care of driving if you become unwell | Roberts v Ramsbottom: man felt unwell then suffered stroke whilst driving. Held that the standard of care was still reasonably competent driver. no account taken of illness as he ought to have known he was too unwell to drive. Mansfield v Weetabix: standard changed to reasonably competent driver unaware he suffers from illness that could impair his driving Therefore the test = whether the driver ought to have known he would become too unwell to drive |
| what standard are children held at | Mullins v Richards: reasonably prudent person of their age |
| what mental characteristics are taken into account for standard of care | Dunnage v Randall: defendant still liable as a reasonable man unless his condition ENTIRELY eliminates responsibility |
| what is the standard of care for medical negilgence | Bolam test: if medical practice is supported by a responsible body of peers, then they will absolve liability Bolitho test: imposes a requirement of a logical basis to the medical practice |
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