Breach of Duty In order for the defendant to be liable for negligence, the first stage is to show that there is a duty of care owed to the claimant. Once this is done, it must then be shown that the defendant breached his duty. Brach of a duty of care essentially means that the defendant has fallen below the standard of behaviour expected in someone undertaking the activity concerned. In Blythe v Birmingham Waterworks Co, Alderson B stated that “Negligence is the omission to do something which a reasonable man, guided upon these considerations which ordinarily regulate the conduct of human affairs would do, or something which a prudent and reasonable man would not do.” This is a question of fact. Therefore, two questions arise from this statement: 1. How high is the standard of a reasonable person? Should the courts always apply the reasonable man test objectively, or can they take into account subjective elements? 2. How do we determine what a reasonable man would do?