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20 Cards in this Set
- Front
- Back
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(Blyth v Birmingham waterworks) test |
D will breach their duty if they fail to reach the 'standard of care' expected of a reasonable person doing the activity |
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When does standard of care change? |
When the D has a special characteristic such as learners, children, professionals and amateurs |
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What is the SOC of learners + case |
Expected to reach the standard of care of someone who is more competent and more experienced (Nettleship v Weston) |
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What is the SOC of children + case |
Reach the standard of a reasonable child of D's age (Mullin v Richards) |
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What is the SOC of a professional + case |
Expected to reach standards of someone in the profession (Bolam v Friern Hospital) |
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What is the Bolam test |
When the D is professional the court looks at the test -> Does the D's standard fall below the standard of the ordinary competent member of that profession -> Is there a substantial body of opinion within the profession that would support the course of action taken by the defendant |
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Bolitho |
Must be demonstrated that the method that would be carried out by other professionals was 'based on logic and is defensible' |
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Montgomery v Lanarkshire |
It was established a patient must be given sufficient information to make an informed decision, and be given any info requested |
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What is SOC of an amateurs (hobbyist / DIY) + case |
Expected to meet the standard of a reasonable amateur doing the activity (Wells v Cooper) the activity must be reasonable for an amateur |
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What is the effect of risk factors |
Determines the SOC that the reasonable person would be expected to reach |
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What is special characteristics of the claimant + case |
If the consequences of harm to a particular person are greater than for other people, there is a higher standard owed to that person so more care must be taken (Paris v Stepney BC) |
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What is the size of risk + cases |
If there is a big risk of harm or damage the SOC will be higher so more care needs to be taken (Haley) whereas the SOC will be lower for a small risk so less care needs to be taken (Bolton) |
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What is unforeseeable risk + case |
D isn't expected to guard against events which cannot be foreseen (Roe v Minister of health) |
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What are practical precautions + cases |
The court will look at the cost compared to the size of the risk
make reasonable precautions proportionate to the situation, do not have to take every precaution if disproportionate to the risk (Latimer v AEC ltd) |
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What are justified risks + case |
If there is an emergency situation greater risks can be taken and a lower SOC will be accepted. The reasonable person is allowed to take justified risks where there is a social or public benefit (Watt v Hertfordshire) |
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What is the case for special characteristics of the claimant |
Paris v Stepney BC |
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What's are the cases for size of risk |
Haley, Bolton |
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What's the case for unforeseeable risk |
Roe v Minister of health |
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What's the case for practical precautions |
Latimer v AEC ltd |
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What's the case for justified risks |
Watt v Hertfordshire CC |
