Chapter

Breach

Kirsty Horsey and Erika Rackley

in Tort Law

Third edition

Published on behalf of Oxford University Press

Published in print July 2013 | ISBN: 9780199661893
Published online October 2013 | e-ISBN: 9780191764240 | DOI: http://dx.doi.org/10.1093/he/9780199661893.003.0008
Breach

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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.  13339 words. 

Subjects: Tort Law

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