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Breach of Duty of Care - AQA AS Law Unit 2
Fichas del conjunto (9)
- 1Reasonable man testBlythe v Birmingham Waterworks Co. - omission to do something which a reasonable man would or would not do.
- 2Learnercompetent at what he does, held to same standard as experienced and competent driver Nettleship and Weston
- 3Specialistheld to higher standard (even if acting in place of a specialist) must use skills they posess - Bolam v Friern HMC
- 4Childrenjudged against somebody their own age (lower standard) Mullin v Richards
- 5degree of forseeablityif the reasonable man could see the risk - Roe v Minister of Health not foreseeable at the time that person would get injured by stuff going through needle.
- 6size of risk/likelihood of harmBolton V Stone - Cricket pitch
even if foreseeable if it really small than not required to take precautions. - 7Importance of the activityWatt v Hertfordshire County Council - FM injured when FE braked. Risk of not sending it out was greater than risk of sending it out as putting out fire was important.
- 8practicality of precautionsif cost is out of proportion to the benefits then it is not unreasonable - Latimer v AEC claimant injured in flodded factory but had already sawdusted the flaw and taken reasonable care.
- 9potential seriousness of injuryif risk of s.i then take greater care (tsr and degree of harm) - Paris v Stepney only 1 good eye and employers didn't make him wear safety goggles. under more obligation to him as he was at a greater risk.
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- Fichas sobre Breach of Duty of Care - AQA AS Law Unit 2, creado por Erin Ashby el 29/05/2015.
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- Erin Ashby
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