Breach of Duty

Once a duty is established, we must then prove that the defendant breached that duty. To do this, we must consider whether they have fallen below the standards of a reasonable man (Blythe v Birmingham Water Works). When considering this, no other personal difficulties or disabilities can be taken into account (Nettleship v Weston) In deciding this, various risk factors are considered.

The first of these is the degree of probability that harm would be done (Bolton…