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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The chapter begins by mapping and explaining the historical development of the tort of negligence, and some of the key themes underpinning the tort, before placing the discussion in the context of the modern law of negligence. The chapter then outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].
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The chapter begins by mapping and explaining the historical development of the tort of negligence, and some of the key themes underpinning the tort, before placing the discussion in the context of the modern law of negligence. The chapter then outlines the essential ingredients of a claim in negligence—a duty of care, a breach of that duty and the damage caused by that breach—before going on to explore these in practice through a close examination of the first instance judgment in X & Y v London Borough of Hounslow [2008].
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kuddus [2019] EWCA Crim 837, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
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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 notion of the ‘duty of care’ in negligence, and tracks its emergence and development through a series of important cases, including analysis of the Supreme Court’s most recent analysis of the duty of care. It explores the issues relating to liability, principle and policy, incremental development and the Caparo test, and incrementalism and established principle. The chapter concludes with consideration of the special case of omissions and positive duties to act.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.
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This chapter focuses on 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’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).
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Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dunnage v Randall [2016] QB 639. The document also included supporting commentary from author Craig Purshouse.
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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’. The questions to be answered are how the defendant ought to have behaved (what was the required standard of care) and how the defendant did behave (did they in fact fall below that standard).
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This chapter provides an introduction to the law of torts. It explains that the objectives of tort law are to compensate those who suffer harm, to deter conduct that causes harm, and to protect legitimate interests. Tort law, along with contract law, forms the backbone of Britain’s civil justice system and is of immense importance to the business community because it represents a significant source of legal exposure for businesses. The chapter provides an introduction to the concept of the duty of care, as well as discussing who can sue and be sued in the event of a breach of duty. Finally, the chapter discusses how the law of torts has been affected by the European Convention on Human Rights.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
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Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Nestlé v National Westminster Bank Plc [1993] 1 WLR 1260, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
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A. M. Farrell and E. S. Dove
This chapter examines the law of clinical negligence. First, the key elements of making a claim in the tort of negligence are outlined. Examples are then drawn from existing case law in clinical negligence, including the use of innovative techniques, complementary medicine, misdiagnosis, the problem of the novice, negligence in treatment and protecting patients from themselves, as well as wrongful conception, birth, and life claims. The doctrine of res ipsa loquitur is also briefly considered. Thereafter, an overview is provided of key aspects of criminal negligence, before moving on to examine alternatives to clinical negligence litigation, including recent proposals for reform such as the creation of no-fault schemes for medical injury.
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Dr Karen Dyer
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers' liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.
Book
Karen Dyer and Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.
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In addition to their fiduciary obligations, directors are subject to duties of care and skill. This chapter discusses the statutory standard of care, skill, and diligence; the content of the duty; and the duty to exercise independent judgement. In looking at care and skill, key issues are the extent to which delegation is possible and the degree to which the delegating director must maintain a residual duty of supervision. The chapter considers the law’s expectations of executive and non-executive directors, including the level of knowledge that they must bring to bear and examines how the standard required reflects their differing roles in the management of the business.
