Chapter

Breach of Duty

Tony Weir

in An Introduction to Tort Law

Second edition

Published on behalf of © Tony Weir 2006

Published in print September 2006 | ISBN: 9780199290376
Published online June 2015 | e-ISBN: 9780191811425 | DOI: http://dx.doi.org/10.1093/he/9780199290376.003.0003

Series: Clarendon Law Series

Breach of Duty

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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses breach of duty. To establish breach of duty, it must be determined that there was some misbehaviour by the defendant himself. The chapter addresses the question of whether the defendant behaved reasonably. It considers factors such as foreseeability of harm objective standard, normal practice, utility of conduct, cost of prevention, conduct of others, and emergencies. It then turns to the identification of the breach.

Keywords: tort law; breach of duty; negligence; duty of care

Chapter.  5775 words. 

Subjects: Tort Law

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