Breach of Duty

What does NOT need to be proven to establish negligence?

• Owing a duty of care to another

• Breach of duty

• Reasonably foreseeable damage

• Legal experience

Who stated that negligence is the omission to do something a reasonable man would do?

• Judge Judy

• Ghandi

• Judge Rinder

• Anderson. B

Is the reasonable man subjective or objective?

• Subjective

• Objective

Special characteristics are NOT taken into account unless for which 3 situations?

In the case of Nettleship v Weston (1971) it was said that learners must be compared to ______ ?

• Fully qualified people

• Unqualified people

• Children

• Doctors

Which case held that a doctor would not be held as being negligent if they have followed practice accepted by a responsible body of medical opinion?

• Nettleship v Weston (1971)

• Bolam v Friern Hospital Management Committee (1957)

In Mullin v Richards (1998) was the defendant found to be negligent?

• Yes

• No

Which risk factor is the following:

The reasonable man would take extra care if there was a high risk of harm or damage occurring from his actions

• Degree of risk (likelihood)

• Potential seriousness of harm

• Cost and practicality of taking precautions

• Social utility (benefits to society)

Which risk factor is the following:

If the potential harm or injury is serious considerable care must be exercised to avoid liability as the reasonable man would take extra care if death or serious injury was possible

• Degree of risk (likelihood)

• Potential seriousness of harm

• Cost and practicality of taking precautions

• Social utility (benefits to society)

Which risk factor is the following:

If the cost of taking precautions to eliminate the risk is disproportionate to the extent of the risk the defendant will not be held liable as the reasonable man would not pay excessive amounts or do something impractical to eliminate a small risk

• Degree of risk (likelihood)

• Potential seriousness of harm

• Cost and practicality of taking precautions

• Social utility (benefits to society)