Bolam test: first limb - ordinarily skilled peer, would others have done

differently

General rule: the defendant must behave as a reasonable man performing the task
would do (Blyth v Birmingham)

a) Pam claiming against Dan for personal injury

- Driver owes duty of care to passengers
No concessions given to learners: Nettleship v Weston
So standard of care is that of a reasonably competent driver, and so he could've
avoided the accident

b) Rita claiming against Fangio for personal injury

- Driver owes duty of care to passengers
Depends on whether it was racecourse driving or ordinary driving - Wilsher v Essex
Area Health Authority (based on act, not the actor)
If ordinary driving, then the standard should be a reasonably competent driver, so
he didn't fall below the standard
If racecourse driving, then the standard should be that of a racing driver, so he
fell below that standard

c) Felicity claiming against Elsie for illness

- Caparo test, the injury was reasonably foreseeable, contractual proximity, fair
just and reasonable to impose a duty of care so that your hairdresser and barber
don't injure you

It can argue that there was a free choice of standard that Felicity agreed to,
since Elsie gave fair warning to Elsie. (Philips v William Whiteley on ear-
piercing). So the standard of care is that of a trainee hairdresser. But a
reasonable trainee hairdresser would still read the instructions, and so Felicity
still falls below the standard required of her.

d) The victim against John for psychiatric harm

- Caparo, reasonably foreseeable, proximity since defendant assumed responsibility
for claimant's welfare, fair just and reasonable to impose this on whoever tries to
help and implicitly excludes others

Wilsher v Essex Area Health Authority (based on act, not actor)

Bolam v Friern Barnett - person can be judged based on professional standard if 1)
they profess to have the expertise 2) and they are exercising this expertise
And if other doctors would not do as he did, since they are in touch with current
practices, then John has fallen below the standard of care required.