Breach Of Duty Flashcards
1
Q
Definition of Breach
A
Once a duty of care has been established , C must satisfy the court that the defendant breached the duty by failing to reach the standard of care required
2
Q
Reasonable man standard
A
Blythe V Birmingham Waterworks
“ ordinary person performing the particular task is expected to perform it reasonably competently “
3
Q
Risk Factors
A
Likelihood of harm
Special Characteristics of Claimant
Reasonable Precautions
Social utility
4
Q
Risk of harm
A
The greater the risk , the more care that needs to be taken
