Breach of duty - Standard of care

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Overview

A solid understanding of breach of duty and standard of care is essential for success in the SQE1 FLK1 exam's tort law component. This article explores how courts decide if a duty of care has been breached, focusing on the reasonable person standard, its context-based variations, and the factors that impact breach assessments. By thoroughly understanding these concepts, candidates will be ready to evaluate complex negligence cases and apply relevant legal principles effectively during the exam.

The Reasonable Person Standard

Central to breach of duty assessment is the 'reasonable person' standard—an objective measure to evaluate actions against those expected from a cautious person in similar circumstances. This serves as a legal benchmark for assessing a defendant's conduct.

Key aspects include:

  1. Objectivity: Not influenced by the defendant’s personal traits or abilities.
  2. Contextual application: While objective, the application considers specific circumstances.
  3. Flexibility: Adjusts to different situations for varied assessments.
  4. Exclusion of hindsight: Based on knowledge available at the time of the event.

In Blyth v Birmingham Waterworks Co (1856), Baron Alderson defined negligence as:

"The omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."

This definition highlights both actions and omissions that deviate from expected reasonable behavior.

Contextual Variations in the Standard of Care

While the reasonable person standard provides a general framework, its application varies across different contexts and defendant categories.

Professionals

Professionals are held to a higher standard of care consistent with their skills and specialization. The Bolam test from Bolam v Friern Hospital Management Committee [1957] indicates a professional isn't negligent if they act according to a practice accepted by a responsible body in their field.

  • The standard aligns with that of a skilled professional with similar capabilities.
  • It recognizes differing opinions within a profession.
  • The Bolitho refinement (1997) added that the opinion must have a logical basis.

Unskilled Individuals

Even without specific skills, individuals must demonstrate competence suitable for ordinary situations. In Wells v Cooper [1958], an amateur performing housework had to meet a competent amateur's standard.

Children

The standard of care for children accounts for age, intelligence, and experience, with some limits:

  • In Mullin v Richards [1998], a 15-year-old girl was judged by her age group’s standard.
  • In Gorely v Codd [1967], a 13-year-old cyclist was judged by adult road use standards.

Learners

Learners are generally held to experienced standards in their activity, as seen in Nettleship v Weston [1971] for learner drivers.

Factors Influencing Breach Assessment

Courts consider several factors, often called the calculus of risk, in breach assessment.

Magnitude of Risk

Potential harm severity impacts required caution levels; greater risks demand stricter measures. In Paris v Stepney Borough Council [1951], the duty to provide safety goggles was higher for a one-eyed employee.

Probability of Harm

The likelihood of harm requires greater precautions with higher probabilities. Bolton v Stone [1951] emphasized even small risks must be addressed if potential harm is serious.

Practicality of Precautions

The feasibility and cost of safety measures are weighed against harm risk. Latimer v AEC Ltd [1953] showed reasonable precautions justified continued factory operations despite risks.

Social Utility

Positive societal contributions justify certain risks. In Watt v Hertfordshire County Council [1954], the importance of emergency services was considered in the standard of care.

Application and Case Studies

Applying these principles to practical scenarios is critical for SQE1 FLK1 exam preparation.

Case Study 1: Professional Negligence

A solicitor's poor advice on a complex tax matter results in client loss. Assessment should consider:

  1. The Bolam and Bolitho refinements
  2. Risk magnitude and harm likelihood in tax matters
  3. Importance of consulting specialists

Case Study 2: Occupiers' Liability

A supermarket delay in cleaning a spill during peak hours causes injury. Analysis should include:

  1. Reasonable occupier's standard
  2. Risk magnitude and harm probability in busy settings
  3. Importance of routine checks
  4. Balancing safety with efficient operations

Case Study 3: Negligence in Sports

A reckless amateur football tackle results in injury. Consider:

  1. Standard of care in amateur sports
  2. Risk magnitude linked to reckless tackles
  3. Harm probability
  4. Sports value versus preventing injuries

Conclusion

Understanding breach of duty and standard of care concepts is key for SQE1 FLK1 exam success. Candidates must adeptly apply the reasonable person standard across various contexts, recognizing its implications for professionals, children, and learners. Balancing factors like risk magnitude, harm probability, practicality of precautions, and social utility is important for thorough negligence analysis. By capturing these principles and practicing their application through diverse case studies, candidates will be well-equipped to handle complex tort law questions, showcasing essential legal reasoning skills for the SQE1 FLK1 exam.

Key points to remember:

  1. The reasonable person standard is objective and context-sensitive.
  2. Care standards vary for professionals, children, and learners.
  3. Breach assessment considers risk size, harm likelihood, precaution feasibility, and social value.
  4. Scenario application is vital for exam success.
  5. Landmark cases provide essential guidance in interpreting and applying these principles.