Breach of Duty in English Law - General Standard of Care

General Standard of Care

In order not to breach a duty of care, a defendant must generally meet the standard of a 'reasonable man' as Baron Alderson stated in Blyth v Birmingham Waterworks (1856) 11 Exch 781.

A reasonable person can be defined as 'the man on the Clapham omnibus' as Greer LJ explains in Hall v Brooklands Auto-Racing Club (1933) 1 KB 205. Lord Steyn describes the term as 'commuters on the London Underground' (MacFarlane v. Tayside Health Board (1999) 3 WLR).

This is an objective standard, based on an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent.

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