Update 13th September 2024: Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more
INTRODUCTION
Breach is doing something which a prudent and reasonable person would not do, or failing to do something which a prudent and reasonable person would do.
This definition of breach, adapted from Alderson B's ‘classic statement’ in Blyth v Birmingham Waterworks Co back in 1856, highlights the key question: what would a reasonable person have done differently, to avoid the risk of harm or injury occurring to C? If the answer to that is, ‘nothing’, then breach will fail.
That something has gone wrong is, of itself, absolutely no evidence of breach. Injuries, damage, adverse outcomes, and less-than-desirable results, may all arise from an exercise of reasonable care. Courts have, on occasion, addressed remarks to Cs for whom they obviously felt a great deal of sympathy for their misfortunes, but for whom they could not find in favour, because there was no lack of reasonable care. For example, motor vehicle accidents, and medical mishaps, may ruin young lives, e.g., in Arnot v Sprake, where the Court of Appeal held against car accident victim C, concluding that it was ‘highly regrettable that unfortunately [C] has suffered serious injury as a result of the impact he sustained’; and in Nawoor v Barking Havering and Brentwood HA, where a birth went very badly:
the family of this child must feel that an injury so severe, with such obvious long-term consequences, could only be the product of something going wrong, and negligently wrong. Understandable that may be, but it is not the appropriate conclusion in this case. I regret to have reached the conclusion I have, because this child is clearly going to be affected in the longer term as a teenager and an adult, but regret it though I do, it is the conclusion I firmly reach.
Review the options below to login to check your access.
Log in with your Cambridge Higher Education account to check access.
There are no purchase options available for this title.
If you believe you should have access to this content, please contact your institutional librarian or consult our FAQ page for further information about accessing our content.