Negligence: The Standard of Care

Question 1

What must be considered in order to determine whether someone has breached a duty of care?

Answer 1

• The standard of care

Question 2

A person is not required to show a standard of care greater than that of the reasonable person, but will be liable if they show what?

Answer 2

• A standard of care less than that of the reasonable person

Question 3

In what case was the standard of care defined?

Answer 3

• Blyth v Birmingham Waterworks (1856)

Question 4

What happened in Blyth v Birmingham Waterworks (1856)?

Answer 4

• Cold frosts caused a water main to freeze and expand, causing water to escape and damage a property
• Owner sued for negligence
• High court said there was no negligence

Question 5

Describe the reasonable man test (2)

Answer 5

• Regarded as an objective test
• It will be determined whether a person has acted negligently by comparing the act or omission with the behaviour of the reasonable man