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To succeed in a negligence action in tort, the claimant must prove three things
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Samantha Freeman Tort BA Hons Legal Studies Year 2 Question 1 To succeed in a negligence action in tort, the claimant must prove the following three things: 1. That the defendant owed a duty of care. 2. That the defendant was in breach of that duty. 3. That the claimant suffered damage caused by the breach of duty. Lord Atkin defines duty of care, as "you must take reasonable care to avoid acts or omissions, which you can reasonably foresee would likely to injure your neighbour." To decide whether there is an existence of a duty of care, it involves applying one or more of the following: foresight, proximity and consideration of justice and reasonableness. Foreseeability means that the defendant must have foreseen some damage towards the claimant. A case that shows foreseeability and the neighbour test is Donoghue v. Stevenson [1932] A.C 562; 20 M.L.R. 1 it was held in this case, that there could be a...
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