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Breach is doing something which a prudent and reasonable person would not do, or failing to do something which a prudent and reasonable person would do. This definition of breach, adapted from Alderson B’s ‘classic statement’1 in Blyth v Birmingham Waterworks Co2 back in 1856, highlights the key question: what would a reasonable person have done differently, to avoid the risk of harm or injury occurring to C? If the answer to that is, ‘nothing’, then breach will fail.
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