Chapter

Breach of duty:

Kirsty Horsey and Erika Rackley

in Tort Law

Fourth edition

Published on behalf of © Kirsty Horsey and Erika Rackley 2015

Published in print July 2015 | ISBN: 9780198718499
Published online September 2015 | e-ISBN: 9780191788949 | DOI: http://dx.doi.org/10.1093/he/9780198718499.003.0008
Breach of duty:

Show Summary Details

Preview

This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’.

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

Chapter.  16347 words. 

Subjects: Tort Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.