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Breach of Duty

There are 2 parts to the law:

To establish the standard the Defendant has to behave as a "reasonable man"
according to Blythe v Birmingham
If a person claims expertise they must behave as a reasonable expert Bolam v
Friern.
The test is objective and the weakness…

Page 2

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3. Where a Claimant suffers from a physical or psychological weakness which is
triggered by the Defendant's act, the Defendant remains liable for all damage even
if it is not foreseeable and wouldn't affect a normal person (Thin Skull Rule). Smith
v Leech Brain (small burn caused skin cancer and…

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