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(p. 209) 8. Breach of duty: The standard of care 

(p. 209) 8. Breach of duty: The standard of care
Chapter:
(p. 209) 8. Breach of duty: The standard of care
Author(s):

Kirsty Horsey

and Erika Rackley

DOI:
10.1093/he/9780198718499.003.0008
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date: 23 September 2018

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’.

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