Breach of duty

A breach of duty happens when you don't perform your duty to the right (a)   .

Answer explanation

This is called the standard of care.

A failure to reach the expected standard means you have breached your duty of care and could be liable for the impact that has had on the claimant.

The ​ (a)   is owed a duty of care by the defendant.

What case does the reasonable person test come from?

• Caparo v Dickman

• Blythe v Birmingham Waterworks

• Donoghue v Stevenson

Which of the following is not considered under breach of duty?

• Learners

• Children

• Experts

• The Elderly

(a)   characteristics of the claimant are considered under the reasonable man test.

What factors out of the two below suggests the defendant might have been acting reasonable?

• Practical precautions taken.

• Knowledge of the risk

In Bolton v Stone a _______ ____ was hit over the fence and hit the claimant causing injury. The size of the risk was small as this didn't happen often sue to the 17 foot fence they had put up.

(a)  

Do you think it is justifiable that a benefit to the public outweighs any injury caused?

What is the outcome of a breached duty of care?

Under the rule from Mullin v Richard a child should only be as reasonable as another child their (a)