First Principles of Business Law

1. Liability for careless conduct that causes harm

1.1. The elements of liability for Negligence

A person who suffers harm because of something that another person has done usually wants compensation. The tort of Negligence provides a possible legal basis for claiming damages from the wrongdoer.

The broad underlying principle of Negligence is that a defendant may be liable in a wide range of circumstances for a failure to take reasonable care and thereby causing harm to a plaintiff's protected interests.

To establish liability for Negligence, the following elements must be proved to exist:

• The defendant owed a duty of care to the plaintiff.
• The defendant has breached that duty of care.
• The defendant's breach caused foreseeable harm to the plaintiff's protected interests.

This module explains the many factors that must be taken into account to establish liability in Negligence.