Negligence- what is breach of duty? Flashcards
1
Q
What is breach of duty?
A
This can only occur once a duty of care has been proven.
This is where the claimant must prove that the defendant breached their duty of care to them.
2
Q
what is the reasonable persons test?
A
A reasonable person is described as one who takes a degree of care that is sensible given the risk involved.
This can be seen in the Wells v Cooper (1985) case. In this case the house owner was judged against the standards of a reasonably competent carpenter as appropriate standards have been met.
