Breach Of Duty To Care

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In order to prove negligence and are responsible for an injury they must prove that all the elements. These three elements are duty of care, breach of duty and damages.

In this essay will be examining the element, breach of duty. A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard. A person may be liable for negligence in a personal injury case if his breach of duty caused another person's injuries.

The first case we could look at to establish a breach of duty to care, which is the standard that needs to be applied which is Blyth v Birmingham Waterworks, and this is a reasonable man test. It is an objective test. So we would at what the reasonable …show more content…

In this case the court said that the learner driver are held to the same standard as a competent or experienced driver. The court looked at the injured person as it would not make a difference whether the person was injured by a learner or qualified driver. The court thinks about the claimant when making their rulings. In the case Bolam v Friern Hospital, established the professional standard. The professionals are expected to of the standards of an ordinary and skilled man exercising those special skills, such a …show more content…

A woman hit a cricket ball out of the ball ground over a 17ft high fence which had only been cleared 5 or 6 times in 30 years. The risk of the injury was small so the defendant was not negligent in continuing to play cricket without extra precautions. It was not reasonable so there was no breach.
In the case of Paris v Stephney Borough Council the claimant had only one eye. He was injured and blinded in the other eye when at work a piece of metal flew into the good eye and he was blinded. The employer knew that he was vulnerable and it was their duty to look after him as the potential for serious harm was increased for this person. The court ruled that the defendant was not a reasonable employer in allowing him to be injured hence they were in breach of duty.

In the case of Latimer v AEC Ltd, a sudden rainstorm flooded a factory. The factory owner did everything that they reasonably could. They used sawdust to cover the floors but it was not enough due to the extreme flood. An employee slipped and was injured but the court held that the factory owners took reasonable practicable precautions to reduce the danger, hence there was no

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