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Has D breached their duty of care to P ? If the duty of care question is decided in favour of the plaintiff, it then
Has D breached their duty of care to P ? If the duty of care question is decided in favour of the plaintiff, it then becomes a question of fact whether the particular conduct complained of is a breach of that duty. The standard of care is an objective one and the standard required is that of a reasonable person. This is a question of law.
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