Tort law revision
Case match drag and drop breach of duty in the law of negligence
Revision on negligence
Breach of duty case law revision
Breach of duty in the law of negligence considers the defendant's conduct and questions whether the conduct fell below the standard required by law. The standard of care expected in the law of negligence is an objective standard, that is the standard of a reasonable person. The standard may vary depending on whether the defendant is a professional or outside of a profession and a child is not expected to reach the standard of an adult. The objective test applies however to trainees and learner drivers and they must meet the standard of a reasonable qualified person. The courts weigh up the risk factors in deciding whether the defendant has met the standard of a reasonable man. These include the likelihood of harm, cost of prevention, seriousness of harm and utility of the defendant's conduct.
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