Breach of Duty

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Breach of Duty

Reasonable Man Test

Discompared to a reasonable man to decide if he has fallen below standard expected.

Objective - 'man on clapham omnibus'

Blythe V Birmingham waterworks Alderson - Negligence is doing something a reasonable man wouldn't do or not doing something a reasonable man would do.

Risk Factors

1) likelyhood and foreseeability of risk. Roe V Minister of Health.

2) Seriousness of risk to C. Paris V Stepney.

3) Cost/practicality of precautions. Walker V Northumberland.

4) Social Importance of D's activity. Watt V Hertfordshire cc.

5) It is a skilled activity. Nettleship V Weston/ Whitehouse V Jordan.

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