Chapter

Breach of duty: the standard of care

Carol Brennan

in Tort Law Concentrate

Second edition

Published on behalf of Oxford University Press

Published in print August 2013 | ISBN: 9780199671984
Published online December 2013 | e-ISBN: 9780191781988 | DOI: http://dx.doi.org/10.1093/he/9780199671984.003.0006

Series: Concentrate

Breach of duty: the standard of care

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on standard of care. To establish that the duty of care has been breached, the standard of care must first be found and then it must be decided if that standard was reached in the circumstances. The general standard of care is objective: the ‘reasonable person’ standard. Proof of breach must be established by the claimant on the balance of probabilities.

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

Chapter.  4630 words.  Illustrated.

Subjects: Tort Law ; Study and Revision

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