Eishan Jan, Mohammad Naqib (2025) Negligence: breach of duty of care. In: Law of torts in Malaysia. CLJ Malaysia Sdn. Bhd., Selangor, Malaysia, pp. 196-208. ISBN 978-967-457-200-6
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Abstract
Once it is established that the defendant owes the plaintiff a duty of care, the next question would be whether the defendant has breached that duty or otherwise. A breach of duty of care is the failure to exercise care. Whether a breach occurred is a question of fact to be established on the evidence, but the standard of care expected of the defendant is a matter of law. If the defendant does something which falls below the recognised standard of care, he is said to have breached that duty. Generally, the law recognises two standards of care such as the “reasonable man’s standard” and the “professional standard”. Thus, in determining whether the defendant breached his duty, the court may apply either a reasonable man’s test or professional test depending on which category the defendant belongs to. This means the defendant’s action or omission will be judged based on either of these standards.
| Item Type: | Book Chapter |
|---|---|
| Uncontrolled Keywords: | Tort Law, negligence, breach of duty of care, Malaysia |
| Subjects: | K Law > K623 Civil Law |
| Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): | Ahmad Ibrahim Kulliyyah of Laws |
| Depositing User: | Prof.Dr. Mohammad Naqib Eishan Jan |
| Date Deposited: | 15 May 2026 10:16 |
| Last Modified: | 15 May 2026 10:16 |
| Queue Number: | 2026-05-Q3312 |
| URI: | http://irep.iium.edu.my/id/eprint/128943 |
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