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(p. 198) 4. Liability for Fault: Breach 

(p. 198) 4. Liability for Fault: Breach
Chapter:
(p. 198) 4. Liability for Fault: Breach
Author(s):

Simon Deakin

, Angus Johnston

, and Basil Markesinis

DOI:
10.1093/he/9780199591985.003.0004
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date: 18 September 2019

This chapter examines the principal element of the cause of action in negligence, namely breach of duty. The issue of breach of duty is concerned with whether the defendant was careless, in the sense of failing to conform to the standard of care applicable to him. The discussions cover the concept of breach of duty; the objective standard; professional and regulatory standards; weighing the risk and gravity of harm against the cost of prevention; and proof of carelessness.

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