Second Sttage Of Negligence Case Study

The duty of care has been breached
Law 02 the second sttage of negligence
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Top of Form 1. Breah of duty is the second stage of negligence. We can prove if there was a breach of duty by using the '............' test * reasonable person * reasonable man * degree of risk * standard of care 2. In this test there is an '............................' where the defendant's characteristics aren't usually taken into account as demonstrated in the case Nettleship v Weston. * Reasonable man * Reasonability standard * Operating standard * Objective standard 3. The Reasonable
Such as balancing the benefits to society with the level of risk. 6. The case of [Bolton v Stone] shows a * substantially increase the risk or harm or damages; or create a new risk. * Small Risk - when there is a small risk then it is unlikely that there is a breach of the duty of care as a reasonable person is not usually expected to go to great lengths to guard against the small risk. * Small Risk but potential harm great - when there is a small risk but the potential harm is great then it is expected a reasonable person to take stpes to guard against it though not substantial steps are needed. * Justifiable Risk - it can be acceptable to run or take a risk if the purpose of the activity under consideration justifies it. Such as balancing the benefits to society with the level of risk. * Known Risk - when the risk is known and no steps are taken to guard against it then there is likely to be a breach of duty as a reasonable person would be expected to guard against
* Small Risk - when there is a small risk then it is unlikely that there is a breach of the duty of care as a reasonable person is not usually expected to go to great lengths to guard against the small risk. * Small Risk but potential harm great - when there is a small risk but the potential harm is great then it is expected a reasonable person to take stpes to guard against it though not substantial steps are needed. * Justifiable Risk - it can be acceptable to run or take a risk if the purpose of the activity under consideration justifies it. Such as balancing the benefits to society with the level of risk. * Known Risk - when the risk is known and no steps are taken to guard against it then there is likely to be a breach of duty as a reasonable person would be expected to guard against it. 8. The case of [Haley v London electricity board] shows a * substantially increase the risk or harm or damages; or create a new risk. * Small Risk - when there is a small risk then it is unlikely that there is a breach of the duty of care as a reasonable person is not usually expected to go to great lengths to guard against the small