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To successfully pursue a claim in the Tort of negligence there are three elements that need to be fulfilled. These are a legal duty of care, a breach of that duty and damage suffered as a result of that breach
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Tort 1 LW1018 Coursework Semester 1 2005-2006 To successfully pursue a claim in the Tort of negligence there are three elements that need to be fulfilled. These are a legal duty of care, a breach of that duty and damage suffered as a result of that breach. For all of the possible claims in question, a duty of care firstly needs to be established. The development for a general test establishing a legal duty of care began with Lord Atkin's judgment in Donoghue v Stevenson [1932].1 This case is particularly important. This is due to the fact that prior to this case there would have been no remedy available for claimants in the same situation as Mrs Donoghue. This was found in the previous case of Winterbottom v Wright [1842].2 Where the courts held that there could be no legal duty of care established in the absence of a contractual relationship....
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