4. Liability for Fault: Breach

Abstract

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; updating of standards in the light of new information; the role of cost-benefit analysis and the ‘Learned Hand’ test; weighing the risk and gravity of harm against the cost of prevention; and proof of carelessness, including discussion of the res ipsa loquitur principle.