Breach of Duty

[Name of the institute]Breach of Duty

Introduction

Life is beautiful! It is the privilege right of each and every individual to enjoy the basic necessities of life. But, it is also the utmost responsibility of an individual to not to indulge in any sort of activities that are illegal and wrong to have the pleasure of materialistic objectives of this finite world. To lead life in serenity and peace it is imperative that we should perform our duties and fulfill our obligations as well as adhere to moral obligations. The lure and lust of this acquisitive world makes people to deviate from the promises and obligations that they have hence they breach their duties. To evaluate whether an individual has committed a breach of duty or not law have certain test and rules. There are tests of reasonable person to determine breach of duty. The aim and objective of this paper is also to talk about this aspect of the breach of duty from variegated perspective.

Selected Question

For this essay the questions that is selected is as follows:

To what extent does evidence that the defendant conformed to common practice satisfy the 'reasonable person' test for breach of duty?

Breach of Duty

Tort is a private or civil law offense, entailing compensation for the harm and damages recoverable in private law in favor of persons injured. A tort is a private or civil act that harms other people or their property. The harm may involve emotional distress, physical injury, invasion of privacy, or defamation. The injured party may sue the wrong doer to recover damages for loss or harm. A tort is not the result of a breach of contract which would be settled under contract law. There can be involvement of breach of duty that may result in causing injuries to others. Negligence is a legal concept usually used by a court to obtain damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty

According to the English tort law, there are two ways in which it can be proved that there is a liability in negligence. The way to prove this is to establish that the conduct of the defendant is not according to the standard expectations.

Breach of Duty and Reasonable Person

When the defendant does not adhere to the standards that are required by law then there exists a breach of duty. Once it is proved then the test of breach of duty in the part of the defendant can be objective but it can also have certain level of variations to that. To determine the breach of duty objective test is performed. This means that the defendant is supposed to come up to the standards of a reasonable person.

Evidence and Reasonable Person in ...