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Proving a Breach of Duty of Care

Breach of Duty
-The claimant must satisfy the court that D broke that duty of care by failing to reach the standard
required.



Blyth V Birmingham Waterworks Company
-Stated that the reasonable man test "Something which a prudent and reasonable man would not…

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What is the size of the risk?
-The greater the risk, the more care that needs to be taken.

Bolton V Stone
-Defendant, a cricket club, from where a cricket ball was struck over a protective fence, 5 meters
high. It hit a woman who was standing on the pavement…

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