Tort Law: Breach of Duty

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Last updated: September 10, 2023

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First submitted	September 10, 2023
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Average score	7.4%
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Hint	Answer
What standard is D held to?	The reasonable man
What is assessed for level and skill?	The task
Which case disregards level of experience?	Nettleship v Weston [1971]
What standard are children held to?	Child of similar age
What standard are professionals held to?	Standard practice in respective profession
What was is the case for medical professionals?	Bolam [1957]
What is the Bolam test?	Acted in accordance with practice accepted by respectable body?
What is the Bolam test?	Is the practice reasonable and logical
Who formulated this test?	Rachel Mulheron
Case for disclosing information to patients?	Sidaway [1985]

Hint	Answer
Test for informing patients?	What risks should be known
	Medical expertise
	Should patient have been told
Test for materiality?	Is patient likely to attach significance to the risk
	Doctor should be aware patient will do so
What factors are used in setting the standard of care?	Probability injury will occur	Cases
		Bolton v Stone [1951]
		Roe v Ministry of Health [1954]
	Seriousness of injury	Paris v Stepney BC [1950]
		Wagon Mound (No 2) [1967]
	Cost of taking precautions	Knight v Home Office [1990]
		Goldscheider [2019]
	Social value of activity	Watt v Hertfordshire CC [1954]
		Condon v Basi [1985]

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