Breach of duty

• The second step is to assess whether the duty of care was breached . 
• Standard of care - in a professional or non-professional capacity : 

-if it is in a professional capacity , the standard of care required is that of as expected of a reasonable professional in the defendant's discipline in the situation . 
-If it is in a non-professional capacity , the standard of care required is that of as expected of an ordinary reasonable man in the situation . 

• The standard of care required of the defendant would affect whether he has breached that standard 
• Case : A doctor did not enquire into or test for allergies toward the drug penicillin ( antibiotics ) before administering the drug to his patient . The patient had a fatal reaction to the drug . The doctor was found to be professionally negligent in the discharge of his duties ( chin keow v. Government of Malaysia and Anor (1967 ) 2 MLJ 45 )
• Question : Can a defendant refute negligence claim based on 'inevitable accident ? 

Answer : 'Inevitable accident ' is something which the defendant could not possibly prevent by the exercise of reasonable care , caution and skill .