9084 · 4.1.3
Breach of duty
9084 Tort — reasonable person standard, Blyth v Birmingham, risk factors.
Need to know
What you need to know
- Breach of duty is determined by an objective test.
- The standard is that of the 'reasonable person'.
- The classic definition comes from Blyth v Birmingham Waterworks Co.
- The test does not consider the defendant's personal abilities or whether they 'did their best'.
Explanation
Breach of duty
- Breach of duty is determined by an objective test.
- The standard is that of the 'reasonable person'.
- The classic definition comes from Blyth v Birmingham Waterworks Co.
- The test does not consider the defendant's personal abilities or whether they 'did their best'.