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"Negligence as a tort is a breach of a legal duty to take care which results in damage to the claimant." (Rogers, 2002) As Owens (2001) explains, in order to succeed with a claim for negligence, the claimant has to prove a number of factors which are individually specified in each of the following cases. To establish if the defendant is negligent, the claimant has to prove the following questions: Is there a duty of care? Was there a breach of the duty? Was the damage caused by the breach? The principle behind the duty of care was established in Donoghue v Stevenson (1932) called the neighbour principle. A neighbour is defined by Keenan (2001) "persons who are so closely and directly affected by my act ...". Caparro Industries plc v Dickman (1990) set-up three questions which have to be answered in order to establish whether the defendant owes a duty of...

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