2. Breach of duty

2. Breach of duty

Once a duty of care is established, the plaintiff must prove that the defendant fell below the standard of a reasonable person in that situation. The core question is whether the defendant acted as a reasonable person would have acted in the same circumstances. Negligence law requires reasonable care, not absolute safety or perfection. 

Proving a breach involves answering two distinct questions: 

1. A question of law (setting the standard): How ought the defendant to have behaved in the circumstances? This defines the required standard of care.  
2. A question of fact (deciding the breach): How did the defendant actually behave, and did he fall below that required standard?