Law 02 the second sttage of negligence
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1. Breah of duty is the second stage of negligence. We can prove if there was a breach of duty by using the '............' test
* reasonable person
* reasonable man
* degree of risk
* standard of care
2. In this test there is an '............................' where the defendant's characteristics aren't usually taken into account as demonstrated in the case Nettleship v Weston.
* Reasonable man
* Reasonability standard
* Operating standard
* Objective standard
3. The Reasonable man test can be helped distinguished by establishing ...
* 'degree of risk' and 'standard of care' factors.
* Reasonable characteristics.
* Objective standard of care.
4. Degree of risk factors are always used in the reasonable man test as the risk....
* because they are super cool
* as they are key to the test
* will amount to at least to one of them
* will tell us what is reasonable.
5. There are five 'degree of risk' factors.The case of [Roe V Minister of Health] shows an
* Unknown Risk- for a breach of duty it is important the risk is forseeable however if the risk of harm or damage is not known then there is no breach of duty.
* Small Risk - when there is a small risk then it is unlikely that there is a breach of the duty of care as a reasonable person is not usually expected to go to great lengths to guard against the small risk.
* Small Risk but potential harm great - when there is a small risk but the potential harm is great then it is expected a reasonable person to take stpes to guard against it though not substantial steps are needed.
* Known Risk - when the risk is known and no steps are taken to guard against it then there... [continues]
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