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Tort LawText, Cases, and Materials

Tort Law: Text, Cases, and Materials (5th edn)

Jenny Steele
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date: 21 April 2024

p. 1233. The Standard of Care in Negligencelocked

p. 1233. The Standard of Care in Negligencelocked

  • Jenny SteeleJenny SteeleProfessor of Law, University of York

Abstract

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter introduces the reader to the fault principle or negligence standard, along with its positive and negative implications. This chapter first asks. ‘What is negligence?’. It covers the standard of care and, within this, it looks at the objective standard. The chapter goes on to explore the way in which professional skill and care are assessed in the medical context. It also considers reasonable risk-taking and the absence of evidence of fault.

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