LAWS1061 Chapter Notes - Chapter 5: Schizophrenia, Comparator, Contributory Negligence
Document Summary
For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is a complex process which is discussed below. For a short and succinct outline, check our summary page: breach of duty (outline) . This article is a topic within the subject torts . 4. 4 the objective test - status of the defendant. Sappideen, vines, grant & watson, torts: commentary and materials (lawbook co, 10th ed, 2009), pp. [1] after establishing that the defendant indeed owed the plaintiff a duty of care, the plaintiff must prove that the duty of care has been breached. A breach occurs when the defendant has failed to meet the reasonable standard of care .
