9. Whether there has been a breach of the dutyr of care in the particular circumstances of any given case involves a consideration of whether the defendant met the standard of care required by the law of negligence. The standard expected is that of the "reasonable person\" in the position of the defendant. Under the statutory reforms that were enacted around Australia in EDGE, there is now a distinct twostage inquiry that must he used for determining what this standard requires. The rst stage as per s.5E3[1} of the Civii Liability Act 2002 [WA] requires that the plaintiff must prove that the risk which eventuated and caused the plaintiff's damage was, at the relevant time: {a} ; and