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Lecture notes

Breach of duty tort law
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This is a well written and clear set of lecture notes to do with the law of tort. Separated into clear and easy to understand sub sections. Notes made by an Accelerated law student in the 2 year law programme, case laws and notes are included. Negligence and nervous shock, occupiers liability, duty...

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  • March 3, 2024
  • 3
  • 2022/2023
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Law of Tort

6th October 2022




Negligence: Breach of Duty


Breach: falling below the reasonable standard of care needed to protect another person
from unreasonable harm.
- (e.g) When A’s negligent act affects B adversely, it may be said that A has breached
their duty of care which they owe another person.


Standard for Breach:
- Question of law and facts.
- Law determines the standard of care.
- Facts determine the breach of the standard set by law.


Standard of Care:
 The law applies the standard of the reasonable person: an objective standard.
 The reasonable person is presumed to be free both from over-apprehension and
from over confidence (Lord Macmillon in Glasgow Corp V Muir [1943] )


Caselaw: The Standard of Care (Nettleship V Weston [1971] (CA) )
 Held: The law expects someone driving a car to reach the standard of a
competent, reasonable and experienced driver.
- D learner driver was liable in negligence.


Factors determining standard of care:
The court will take the following into account:
- Likelihood of harm
- Risk of serious injury
- Social value of D’s act

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