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(p. 147) 7. Breach of duty: the standard of care 

(p. 147) 7. Breach of duty: the standard of care
Chapter:
(p. 147) 7. Breach of duty: the standard of care
Author(s):

Kirsty Horsey

and Erika Rackley

DOI:
10.1093/he/9780199678822.003.0007
Page of

date: 20 November 2017

Once it has been established that there is a sufficient relationship between the parties to establish a duty, the question then arises whether the defendant has been in breach of this duty. This involves a number of issues, many of which are obscured by resort to the judgment of the ‘reasonable man’. The defendant’s behaviour must have fallen below the level of the standard of care owed, which defines the level of safety a claimant is entitled to expect.

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