Breach of Duty

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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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