Tort law and tort of negligence - part 2
In this lesson, you'll learn how to establish breach of duty in negligence cases—a critical concept for the Corporate and Business Law paper.
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In this lesson
- 0:00 Establishing duty of care in negligence
- 1:04 Burden of proof and res ipsa loquitur
- 2:21 Standard of reasonable care explained
- 4:23 Professional skills and standard of duty
- 5:41 Probability of injury and vulnerability
- 7:52 Practicality, costs and common practice
About this lesson
You'll explore the standard of reasonable care, discover how courts assess whether a defendant's actions meet this standard, and understand the key factors that influence this assessment, including professional skills, probability of injury, vulnerability of the claimant, and practical considerations. The lesson also covers the important principle of res ipsa loquitur, where the burden of proof reverses when negligence is so obvious that the facts speak for themselves. Through practical examples—from a plumber insulating pipes to a supermarket managing spillages—you'll see how courts balance competing interests when determining reasonable conduct. You'll learn why professional expertise raises the standard of care in specific areas, how vulnerability requires greater protection, and why emergency situations may justify actions that would normally be unreasonable. This understanding is essential for answering problem questions and case studies that ask you to evaluate whether a defendant has breached their duty of care in real-world scenarios.
Duration: 9m
Transcript
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