Breach of Duty

The first thing that the court will consider is the standard of care that the defendant owes the claimant. They should show reasonable competence; Nettleship v Weston. If the defendant is a professional then they must show professional competence; Bolam which states that ‘a man need not possess the highest expert skill it is… sufficient if he shows the ordinary skill of an ordinary competent man exercising that particular art or skill’. Also, if the professional defendant acts in accordance with other professionals then they are not in breach; Bolitho.

The court will also consider whether the defendant took reasonable precautions; Bolton v Stone. The defendant does not have to do everything, only that is within their resources; Paris. The defendant only has to protect against thing that they know about; Roe. Some people are owed a higher duty of care e.g. disabled people; Morrell. Also, if the defendant is a minor then their age will also be taken into consideration; Mullins. The size of the risk will also be taken into consideration, the bigger the risk the more precautions should be taken; Haley.

Sometimes a defendant is held to have made an error of judgement rather than a breach in duty; Whitehouse v Jordan.

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basic 10 mark answer detailing standard of care ; nettleship v weston, bolam, bolitho, reasonable precaution; bolton v stone, paris, roe, morrell, mullins, haley and error of judgement : whitehouse v jordan