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An Introduction to Tort Law

An Introduction to Tort Law (2nd edn)

Tony Weir
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date: 02 June 2023

3. Breach of Dutylocked

3. Breach of Dutylocked

  • Tony WeirTony WeirFellow of Trinity College, Cambridge


Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter discusses breach of duty. To establish breach of duty, it must be determined that there was some misbehaviour by the defendant himself. The chapter addresses the question of whether the defendant behaved reasonably. It considers factors such as foreseeability of harm objective standard, normal practice, utility of conduct, cost of prevention, conduct of others, and emergencies. It then turns to the identification of the breach.

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