The elements of negligence.docx - Breach of duty...

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Breach of duty Introducing Breach What is the connection between ‘breach of duty’ and the ‘standard of care’? ‘accidents happen and sometimes they are what can be described as pure accidents in the sense that the victim cannot recover damages for the resulting injury because fault cannot be established’ If the law were to set a higher standard of care than that which is reasonable… the consequences would quickly become inhibited. There would be no fetes, no maypole dancing and none of the activities that have come to be associated with the English village green for fear of what might conceivable go wrong’ Breach cases Decisions on breach are not citable as authorities. They are merely illustrations of the application of the indubitable rule that if one is under a duty at common law such care must be taken as is called for in all the circumstances. It would be more accurate to say most decisions, but not all….

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