First Principles of Business Law

5. Breach of a duty of care

5.1. Establishing a breach

In the previous section of this module, the circumstances which give rise to a duty of care were explained.  But that is only the first element of liability for Negligence in Australian law

This section explains and examines the second element of liability. This is the requirement that, to be liable for harm caused, the defendant must have breached a duty of care owed to the plaintiff.  A duty of care obliges a defendant to prevent wrongful harm to a plaintiff.  Failing to discharge this obligation results in a breach of the duty of care.

The question whether or not a defendant has breached a duty of care is often the issue in cases that come before the courts, so it is important to understand how Australian courts approach this question.