Breach of duty

Overview

Recall questions on the reasonable person standard from Blyth v Birmingham Waterworks, the standards for professionals, learners and children, the risk factors of probability, seriousness, cost, social utility and knowledge, common practice, and res ipsa loquitur.

What you need to know

Answer each one before you reveal it.

Questions from this subtopic

Each one with the model answer underneath.

1. 1

   How was negligence defined in Blyth v Birmingham Waterworks?

   Model answer

   As the omission to do something a reasonable person would do, or doing something a prudent and reasonable person would not do.

2. 2

   What standard applies to a professional exercising a special skill?

   Model answer

   The standard of the reasonable person professing that skill; under the Bolam test a professional is not negligent if acting in accordance with a responsible body of professional opinion (Bolam v Friern Hospital Management Committee).

3. 3

   What standard of care applies to a learner?

   Model answer

   The same standard as a reasonably competent person doing that task; a learner driver is judged by the standard of a competent, experienced driver (Nettleship v Weston).

4. 4

   What standard of care applies to children?

   Model answer

   The standard of a reasonable child of the same age, not that of an adult (Mullin v Richards).

5. 5

   How does the degree of probability of harm affect breach?

   Model answer

   The lower the likelihood of harm, the less likely there is a breach; in Bolton v Stone a cricket ball rarely leaving the ground meant no breach.

6. 6

   How does the seriousness of potential harm affect breach?

   Model answer

   The more serious the potential injury, the greater the precautions required; in Paris v Stepney Borough Council a one-eyed worker needed protective goggles because the consequences of injury were so severe.

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