Question
Explain the concept of a duty of care in tort law. ( 2 marks) (b) It is said that a standard of care is a
Explain the concept of a duty of care in tort law. (2 marks) (b) It is said that a standard of care is a question of law but a breach of the standard
is a question of fact. What types of facts are relevant to establishing a breach? (2
marks) (C) What is the purpose of awarding damages in a negligence case? (2 marks) (d) Which party has the onus of proving a duty of care was owed by the defendant to
the plaintiff? What is the standard of proof required in negligence cases? (2
marks) (e) Do you think that soft drink manufacturers will in future be held liable in tort for
obesity-related illnesses in consumers? Why or why not? (2 marks)
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