Breach of Duty

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  • Created by: hishymimi
  • Created on: 16-07-17 17:55
What is standard of care?
A matter of law
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Has the D fallen below that standard?
A matter of fact
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General rule
“Reasonable man” test: Blyth v Birmingham Waterworks Co. (1856)
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'Reasonable man'
“Negligence is the omission to do something which a reasonable man would do or doing something which a prudent and reasonable man would not do.” Baron Alderson
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Who is the reasonable man? (Greer LJ Hall v Brooklands Auto Racing Club (1933))
“The person concerned is sometimes described as ‘the man in the street’ or ‘the man in the Clapham omnibus’ or, as I recently read in an American author, ‘the man who takes the magazines at home, and in the evening pushes the lawn mower in his shirt.
5 of 5

Other cards in this set

Card 2

Front

A matter of fact

Back

Has the D fallen below that standard?

Card 3

Front

“Reasonable man” test: Blyth v Birmingham Waterworks Co. (1856)

Back

Preview of the back of card 3

Card 4

Front

“Negligence is the omission to do something which a reasonable man would do or doing something which a prudent and reasonable man would not do.” Baron Alderson

Back

Preview of the back of card 4

Card 5

Front

“The person concerned is sometimes described as ‘the man in the street’ or ‘the man in the Clapham omnibus’ or, as I recently read in an American author, ‘the man who takes the magazines at home, and in the evening pushes the lawn mower in his shirt.

Back

Preview of the back of card 5

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