Negligence can be defined as a breach of a legal duty to take care which results in damage to the claimant. Three significant elements of negligence arise from this definition for a claim to be successful:
a) The defendant owed the claimant a duty of care
b) The defendant breached that duty of care
c) Reasonably foreseeable damage was caused by that breach
In the Donoghue case (1932), when it established the neighbour test. The House of Lords held that in deciding whether a duty of care exists in any negligence action, the court must take into account whether the following criteria are satisfied: Duty of Care.
The 3 stage test for the existence of a duty of care was established in Caparo Industries v Dickman (1990). They are:
1. Was Harm
a) The defendant owed the claimant a duty of care
b) The defendant breached that duty of care
c) Reasonably foreseeable damage was caused by that breach
In the Donoghue case (1932), when it established the neighbour test. The House of Lords held that in deciding whether a duty of care exists in any negligence action, the court must take into account whether the following criteria are satisfied: Duty of Care.
The 3 stage test for the existence of a duty of care was established in Caparo Industries v Dickman (1990). They are:
1. Was Harm