Chapter

Breach of Duty

Mark Lunney, Donal Nolan and Ken Oliphant

in Tort Law: Text and Materials

Sixth edition

Published on behalf of © Lunney, Nolan & Oliphant 2017

Published in print September 2017 | ISBN: 9780198745525
Published online October 2017 | e-ISBN: 9780191807541 | DOI: http://dx.doi.org/10.1093/he/9780198745525.003.0004
Breach of Duty

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This chapter begins by looking at the key cases in which the idea of negligence as conduct falling below the standard of the reasonable person was judicially elaborated. It then discusses reasonable care; the utility of the defendant's conduct; the ‘objective’ nature of the standard of care; the relevance of ‘common practice’ in setting that standard; and the doctrine of res ipsa loquitur (‘the thing speaks for itself’).

Keywords: tort law; English law; negligence; reasonable care; defendant; standard of care; common practice; res ipsa loquitur

Chapter.  35322 words. 

Subjects: Tort Law

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