BUSINESS LAW

Nguyen Thanh Thao – TP057639

1

What is Breach of duty of care?

2
The case between Jennifer Lopez
and Kendrick Lamar
 NETTLESHIP V WESTON [1971] 3 WLR 370
Facts: A friend took a learner driver out on a practice drive. The
learner panicked and drove into a tree. This did significant damage
to the claimant's leg. The issue was whether or not the earner should
be judged to same standard as a normal driver
Held: Legally it was held that the learner was as competent as a
normally skilled driver, so the learner driver was negligent
 MULLIN V RICHARDS [1998] 1 WLR 1304
Facts: Two schoolgirls (15 years old ) were having a sword fight
with plastic rulers. One ruler snapped and stuck in one girl’s eye
which caused significant damage
Held: The court said because they are 15 years old they don't
appreciate the risk so should be held against the standard of a
reasonable 15 years old schoolgirl. So, the defendant was not
found to be in beach of her duty
1. The contract
2. Duty of an engineer
3. Fail to estimate the risk
1. The contract
2. Duty of an engineer
3. Fail to estimate the
risk
95 % - 5 %
Thanks for listening !
 References
Breach of duty of care cases (n.d) Digestible notes [ online ]
Available from:
https://digestiblenotes.com/law/tort_cases/breach.php
Accessed: 10th May 2020
Duty of care examples (2019) Health assured [ online ]
Available from: https://www.healthassured.org/blog/duty-of-
care-examples/
Accessed: 10th May 2020
Negligence & Breach of Duty of Care (n.d) H.g. org legal
source [ online ]
Available from: https://www.hg.org/legal-articles/negligence-
and-breach-of-duty-of-care-20316
Accessed: 10th May 2020