Fichas
BREACH OF DUTY
Fichas del conjunto (10)
- 1what are the 4 factors for assessing breach1. how likely is injury
2. how serious is injury likely to be
3. how practical is it to take precautions
4. how valuable is the defendants conduct - 2how likely is injuryBolton v Stone: remote possibilities of harm are not considered breach of duty
- 3how serious is injury likely to beParis v Stepney: defendant owes duty to individual claimant. When injury to C is likely to be worse than the reasonable person, there is a higher standard of care required
- 4how valuable is d's conductScout Association v Mark Adam: valuable conduct does not absolve liability.
Compensation Act 2006: courts required to consider the social value of d's conduct - 5what is the influence of the criminal law in civil lawBarna v Hudes: violation of criminal law only persuasive evidence of negligence.
Civil Evidence Act: facts found in criminal case cannot be challenged in civil courts. - 6what is the standard of care for driversNettleship v weston: only one standard of care for drivers - reasonably competent driver
- 7what are the cases concerning standard of care of driving if you become unwellRoberts v Ramsbottom: man felt unwell then suffered stroke whilst driving. Held that the standard of care was still reasonably competent driver. no account taken of illness as he ought to have known he was too unwell to drive.
Mansfield v Weetabix: standard changed to reasonably competent driver unaware he suffers from illness that could impair his driving
Therefore the test = whether the driver ought to have known he would become too unwell to drive - 8what standard are children held atMullins v Richards: reasonably prudent person of their age
- 9what mental characteristics are taken into account for standard of careDunnage v Randall: defendant still liable as a reasonable man unless his condition ENTIRELY eliminates responsibility
- 10what is the standard of care for medical negilgenceBolam test: if medical practice is supported by a responsible body of peers, then they will absolve liability
Bolitho test: imposes a requirement of a logical basis to the medical practice
Información
- Descripción
- Law Fichas sobre BREACH OF DUTY, creado por Molly Drake el 13/05/2017.
- Creado por
- Molly Drake
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