Class notes
Breach of Duty
- Course
- Institution
Detailed notes regarding the breach of a duty of care. Contains key principles and cases. These notes helped me achieve a distinction (74).
[Show more]
Seller
Follow
GDL1
Reviews received
Content preview
BREACH OF DUTYOnce duty of care has been established, you must consider whether the defendant has breached their duty of care. Most of negligence claims
tend to fail because the claimant cannot prove breach or causation.
Proving that the defendant has been at fault = breach.
Two-Stage Test for Breach:
1. What is the standard of care required of the defendant? – Question of law.
2. Has the defendant fallen below this standard? – Question of fact.
1. Standard of Care
GR: The defendant must behave as a reasonable man would in all the circumstances. The classic description of the standard of
care was given by Alderson B in Blyth v Birmingham Waterworks. GR used in Vaughan v Menlove
Consider the act, not the actor and decide who would be the reasonable person performing the act. (Wilsher v Essex)
Establish what a reasonable person in that position would have done.
Exception: Where the act is commonly performed and accepted by people of differing skills, courts may consider the actor. (Philips v
Whitely; Wells v Cooper)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller GDL1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.57. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now