Breach of duty tort law

Law of Tort

6th October 2022




Negligence: Breach of Duty


Breach: falling below the reasonable standard of care needed to protect another person
from unreasonable harm.
- (e.g) When A’s negligent act affects B adversely, it may be said that A has breached
their duty of care which they owe another person.


Standard for Breach:
- Question of law and facts.
- Law determines the standard of care.
- Facts determine the breach of the standard set by law.


Standard of Care:
 The law applies the standard of the reasonable person: an objective standard.
 The reasonable person is presumed to be free both from over-apprehension and
from over confidence (Lord Macmillon in Glasgow Corp V Muir [1943] )


Caselaw: The Standard of Care (Nettleship V Weston [1971] (CA) )
 Held: The law expects someone driving a car to reach the standard of a
competent, reasonable and experienced driver.
- D learner driver was liable in negligence.


Factors determining standard of care:
The court will take the following into account:
- Likelihood of harm
- Risk of serious injury
- Social value of D’s act