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Kerendeep Garcha Law of Tort - Assignment 1. Negligence is concerned with compensating people who have suffered damage as a result of the carelessness of others. However, the law does not provide a remedy for everyone who suffer in this way as access to compensation is restricted through the doctrine of duty of care. In the law of negligence in order for the claimant to succeed in his negligence action he must prove, firstly, that the defendant owed him a duty of care; secondly, the defendant breached that duty; and thirdly the claimant suffered damage as a result of the breach. To determine whether a duty of care is owed we must examine the neighbour principle established by Lord Atkins in Donoghue v Stevenson1: "Who then, in law, is my neighbour? The answer seems to be... persons who are closely and directly affected by my act that I ought reasonably to...

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