What is Negligence?
Negligence is the breach of a legal obligation to take care which results in undesired damage to the plaintiff by the defendant.
Essential Elements of Negligence
- The defendant owes a duty of care.
- The defendant must make a breach of that duty.
- The plaintiff suffers damages as a consequence thereof.
The essentials of negligence are discussed below:
- Duty of care to plaintiff: For an action to be negligent it is necessary that the defendant owed a specific legal duty of care to the plaintiff which has been breached.
The existence of duty of care could be examined by the three fold test.
The requirements of the test were:
- The injury caused to the plaintiff must be reasonably foreseeable by a prudent man.
- Relationship of proximity must exist.
- It must be reasonable and fairto impose liability.
Donoghue v. Stevenson, (1932) A.C. 562
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