Subject: Torts Law (Breach of Duty)

Risks and precautions are among the factors that the court looks at in order to determine the standard of care required. The general rule is that the higher the risk and the harm that could result, the higher the standard of care one should practice.

Court will look at the circumstances of the fact and consider; what is the possibility of harm or risk caused to the plaintiff as a result of the defendant's conduct?

If the likelihood of harm is high and the cost of precaution is low, then, one should be responsible if harm didmaterialise.

Courts are guided by the magnitude of risks, the practicability of precautions, the utility of the acts of the defendant, and the general and approved practice.

There will always be risks for whatever things that we do, but how should we react to these risks?

Airplanes flying above UiTM all the time, dothis mean that we have to evacuate UiTM whenever they fly past?

Court will look at the probability of the injury occurring, the seriousness of the injuries, and the costs of precautions to avoid such injuries. the higher the likelihood of injuries and the lower costs of avoidance would mean that the defendant would be held liable.