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Establishing Breach

Establishing Breach

Examine what it means to breach the duty of care, or fail to exercise the care that a reasonable person would use under the circumstances to avoid reasonably foreseeable harm to others.


Now that we've discussed what the duty of care is and under what circumstances it arises, let's talk about breach. Generally in the law of negligence, the defendant commits a breach of the general duty of reasonable care whenever the defendant engages in conduct that a reasonable person knows puts other people at unreasonable risk of harm. Stated differently, the defendant breaches the general duty whenever he fails to exercise the care that a reasonable man in his shoes would exercise in...

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