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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 1316. Breach of dutylocked

p. 1316. Breach of dutylocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria


This chapter examines breach of duty in negligence. It discusses the factors that courts consider in determining whether defendants are in breach of their duties of care to claimants. In each case, these factors include the foreseeability of harm to the claimant, the appropriate standard of care owed by the defendant to the claimant, and the conduct of the defendant in comparison to the expected standard of care. This chapter suggests that the question of whether the defendant has breached a duty of care is a mixed one of law and fact and that the standard of care required of the defendant is an exclusively legal construct and based on the standard of a hypothetical reasonable person. The chapter considers also special issues involving proof of breach, most importantly in the application of the res ipsa loquitur doctrine.

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