5 Questions
Breach of duty occurs when the defendant does something that is perceived to be below the minimum standards of care required of him. This is measured through the standard of a reasonable man. What is the basic question to be answered in determining breach of duty?
Did the defendant's conduct fall below the standard of care expected of a reasonable person?
Breach of duty can be established if a reasonable person in the defendant's position would not have done what the defendant did. Which of the following situations would be considered a breach of duty?
A doctor prescribing medication based on professional judgment
Breach of duty can be established if the defendant's conduct falls below the standard of care expected of a reasonable person. Which of the following would be considered a breach of duty in relation to a restaurant's duty to customers?
Serving unhealthy or rancid food
Breach of duty is determined by comparing the defendant's conduct to the standard of care expected of a reasonable person. Which of the following statements is true regarding breach of duty?
Breach of duty is determined by comparing the defendant's conduct to the standard of care expected of a reasonable person
Breach of duty occurs when the defendant's conduct falls below the minimum standards of care required of him. Which of the following situations would NOT be considered a breach of duty?
A driver exceeding the speed limit
Study Notes
Breach of Duty
- Occurs when the defendant's actions fall below the minimum standards of care required of them.
- Measured by the standard of a reasonable person.
- Determined by comparing the defendant's conduct to the standard of care expected of a reasonable person.
Establishing Breach of Duty
- Can be established if a reasonable person in the defendant's position would not have done what the defendant did.
- Can be established if the defendant's conduct falls below the standard of care expected of a reasonable person.
Situations Considered Breach of Duty
- If a restaurant fails to provide a safe and healthy environment for its customers.
- If a person's conduct falls below the minimum standards of care required of them.
Situations Not Considered Breach of Duty
- If a person's conduct meets the minimum standards of care required of them.
- If a person's conduct is considered reasonable in the circumstances.
Test your knowledge on the breach of duty of care in negligence law with this quiz. Learn how to determine if a defendant has failed to meet the required standards of care and explore the concept of negligence.
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