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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

  1. Breach of duty is determined by an objective test.
  2. The standard is that of the 'reasonable person'.
  3. The classic definition comes from Blyth v Birmingham Waterworks Co.
  4. The test does not consider the defendant's personal abilities or whether they 'did their best'.