Mindmap
Has there been a breach in the duty of care?
Inhalt der Mindmap
Has there been a breach in the duty of care?
1. What is the standard of care?
- This is the standard of the REASONABLE PERSON in the same circumstances
- As laid out in Blyth V Proprieters of Birmingham Water Works
- This is an OBJECTIVE standard
- EXCEPTIONS TO THE REASONABLE PERSON STANDARD:
- LEARNERS: should be driving with the same standard of care of that of an experienced driver as in NETTLESHIP V WESTON
- CHILDREN (up to 18): are judged against other children of the same age as in MULLIN V RICHARDS
- PROFESSIONALS (people with a higher skill set than that of the reasonable person and thererfore have a higher standard)
- THE BOLAM TEST states that it doesn't matter if there is a divded medical opinion as long as there is a body of similar professionals who support
- THE BOLITHO TEST says that it is ultimately up to the courts to decide whether or not the medical opinion will withstand logical analysis
- THE BOLAM TEST states that it doesn't matter if there is a divded medical opinion as long as there is a body of similar professionals who support
- This is the standard of the REASONABLE PERSON in the same circumstances
2. Have the defendants actions caused them to fall below the standard?
- RISK FACTORS
- REASONABLY FORESEEABLE
- You are not expected to take precautions against a risk which is not foreseeable at that time
- ROE V MINISTRY OF HEALTH
- MAGNITUDE OF RISK
- You are not usually expected to go to great lengths to prevent a harm when there is a very slight chance of it happening
- BOLTON V STONE
- POTENTIAL HARM
- Where the risk seems small but the potential harm is great, then you are expected to deal with it
- PARIS V STEPNEY BOROUGH COUNCIL
- COST AND PRACTICALITY
- LATIMER V AEC
- You are only supposed to do what is reasonable to prevent harm
- SOCIALLY JUSTIFIED
- Sometimes it acceptable to run a risk if the action is justified (an emergency situation)
- WATT V HERTFORDSHIRE COUNTY COUNCIL
- REASONABLY FORESEEABLE
- RISK FACTORS
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- Beschreibung
- CIVIL LAW (TORT OF NEGLIGENCE) Mindmap am Has there been a breach in the duty of care?, erstellt von elissamansley am 21/10/2013.
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- elissamansley
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