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What general principles do the courts use in determining whether the defendant has fallen below the required standard of care?
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What general principles do the courts use in determining whether the defendant has fallen below the required standard of care? To establish the definition of 'standard of care' it is necessary to consider the duty of care and who has a duty of care at what time and to whom this care is owed. Duty of care is the obligation of protecting and keeping other people from harm, within the tort of negligence. This tort concerns itself with the fault principle; where the conduct of a person has fallen below a specific standard. Therefore in order for the courts to judge a case correctly and be aware of the seriousness of the breach of the duty of care, there must be clearly specified standards of the duty in question. The main issue to decide upon is the fault element as it allows the liability to be identified, indeed it used to...
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