Breach of duty
Breach of duty
Real World
In Nettleship v Weston [1971], a learner driver crashed and injured her instructor; the court held she was in breach because the standard expected is that of a competent, qualified driver — not a learner.
Exam Focus
Apply the objective reasonable person standard and then adjust for any relevant characteristic (professional, child) — failure to adjust is a common mark-losing error.
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