Something to consider in the breach of duty of care is how the weighting principle is applied. In Victoria we must refer to Wrongs Act 1958 Part X – Negligence
In determining the breach of duty of care, there is a series of simple tests that will determine if the defendant has breach their duty of care. In order to determine in the court is the standard of care has not been met, they will use what is known as the ‘reasonable person test’.
The reasonable person test is essentially asking the question, “would a reasonable person have foreseen the risk of harm to the plaintiff and taken precautions to avoid that harm” (Vickery & Flood 2012)
The test for determining if a duty of care was owed and therefore breached, three basic identifiers are
In determining the breach of duty of care, there is a series of simple tests that will determine if the defendant has breach their duty of care. In order to determine in the court is the standard of care has not been met, they will use what is known as the ‘reasonable person test’.
The reasonable person test is essentially asking the question, “would a reasonable person have foreseen the risk of harm to the plaintiff and taken precautions to avoid that harm” (Vickery & Flood 2012)
The test for determining if a duty of care was owed and therefore breached, three basic identifiers are