Breach

Front 1

A person does not breach a duty to take precautions against a risk of harm unless:

Back 1

• The risk was foreseeable(that is a risk of which the person knew or ought reasonably to have known)
• The risk was not insignificant (was significant)
• In the circumstances, a reasonable person in the position of the person would have taken the precautions

Front 2

In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider the following(among other relevant things)

Back 2

• The probability that the harm would occur if care were not taken;
• The likely seriousness of the harm
• The burden of taking precautions to avoid the risk of harm
• The social utility of the activity that creates the risk of harm

Front 3

What is Breach?

Back 3

Breach occurs where a defendant has fallen below a particular standard of care demanded by the law. It involves making judgments of the defendants behaviors.

Front 4

A test of reasonableness

Back 4

• You must take reasonable care to avoid acts or omissions which can reasonable foresee would likely injure your neighbor

Or

• What behavior is reasonable in the situation at hand?

What would a reasonable person in the position of the defendant have done in the circumstances?

Front 5

Questions when concerning breach?

Back 5

1.) how the defendant ought to have behaved un the circumstances-what was the required standard of care in these circumstances? This is often described as a matter of law
2.) how the defendant did behave-did they (as a matter of fact) fall below the standard of care required?