Breach of duty: the standard of care


M Moran, Rethinking the Reasonable Person: An Egalitarian Reconstruction of the Objective Standard (Oxford University Press, 2003)


A Morris, ‘Spiralling or Stabilising? The Compensation Culture and Our Propensity to Claim Damages for Personal Injury’ (2007) MLR 349

Although not specifically an article on breach, this appraisal of claims-consciousness in British society sheds light on the Compensation Act 2006, which was intended to influence the way judges think about imposition of standards of care.

D McArdle and M James, ‘Are You Experienced? “Playing Cultures”, Sporting Rules and Personal Injury Litigation after Caldwell v Maguire”’ (2005) 13 Tort LR 193

A commentary on a horse racing case which summarises the current state of the law on the standard of care to be applied in sporting claims.