200008 Torts Law Exam Notes

LAWS 2013 - Torts Law

2 Found helpful • 69 Pages • Complete Study Notes • Year: Pre-2021 • Previously uploaded under: 200008 - Torts Law

Breach of Duty To establish a breach of duty, the plaintiff must prove that the defendant’s conduct fell below the required standard of care. Standard of care is determined by reference to the actions or omission of a notional reasonable person in the same circumstances as the defendant. • In Blyth v Birmingham Waterworks Co, Alderson B said: ‘negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do’. What is considered reasonable in the circumstances of the case will be influenced by current community standards.

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