Discuss the meaning of breach of duty?
In order to prove negligence, the plaintiff has to show that there was a breach of duty, which means failure to observe expected standard of care. The standard by which to determine whether a person has been guilty of negligence is the conduct of a prudent man in the particular situation. The law requires the caution of a prudent man. The caution taken by a prudent man has always been the rule. The standard is objective and not subjective. The amount of care may vary to the greatest extent, while the standard itself remains the same. It is left to the judge to decide what, in the circumstances of the particular case, the reasonable man would have done.