Tort law - Negligence: Breach of Duty questions with complete solutions

What is the classic definition of breach? correct answer: "The omission to do something which a reasonable man...would do or the doing of something that a reasonable man would not do" per Alderson B in Blyth v Birmingham Waterworks (1856): " *Blyth v Birmingham Waterworks (1856) correct answer: Reasonable man standard Alderson B outlined that negligence is the failure to do as a reasonable person would do or doing a reasonable person would not do Ds lay waterpipes along street but a severe frost occurred and flooded Blyth's house flooded. Courts held that Waterworks were not negligent as they exercised reasonable care in the job. What type of test is used for negligent breach of duty? correct answer: Objective What does the objective test consider? correct answer: whether D met the standard of care of a reasonable person What are the characteristics of the reasonable man? correct answer: Greer LJ in Hall v Brooklands Auto-Racing Club (1933) described the reasonable person as: The average person: "the man in the street" or"the man on the Clapham omnibus" etc Hall v Brooklands correct answer: Reasonable man standard reasonable man is an ordinary man, average man, the man on the clapham omnibus ***Nettleship v Weston (1971) principle correct answer: Reasonable man standard a learner driver is expected to meet the same standard as a reasonable competent qualified driver Standard of care of learner drivers correct answer: ***Nettleship v Weston (1971) A learner drive crashed into a lamp post and injured her instructor. Learner driver was liable despite inexperience. Lord Denning MR held that she should have been as good as the reasonably competent driver. The standard of care is objective and is required of all motorists. Ratio criticism?