Breach of the Duty of Care (OCR A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Standard test for breach of duty
Standard test for breach of duty
What would a reasonable person do in same circumstances?
Standard for professionals (e.g., doctors, solicitors)
Standard for professionals (e.g., doctors, solicitors)
Reasonable person of that profession
Standard for learners/trainees
Standard for learners/trainees
Competent professional (no allowance for inexperience)
Standard for children
Standard for children
Reasonable child of similar age
Greater risk of harm requires...
Greater risk of harm requires...
More precautions to meet reasonable person standard
Cost of precautions vs risk
Cost of precautions vs risk
Must be proportionate; need not take excessive measures
More serious potential injury requires...
More serious potential injury requires...
Greater level of care
'But for' test purpose
'But for' test purpose
Factual causation: would damage occur but for breach?
Legal causation/remoteness test
Legal causation/remoteness test
Type of damage must be reasonably foreseeable
Thin-skull rule meaning
Thin-skull rule meaning
Take claimant as found; extent of damage need not be foreseeable