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The tort of Negligence does not involve one particular type of conduct or situation. It is based on a broader concept of responsibility for carelessness, which means that liability for Negligence may arise in a broad range of circumstances. In very general terms, it can be said that Negligence consists of a failure by a defendant to take reasonable care, in particular circumstances, where such carelessness causes foreseeable harm to another person.
A legal duty to take reasonable care to avoid foreseeable harm is called a ‘duty of care’. If a duty of care is owed to a plaintiff, and the defendant fails to do what was reasonably required to avoid the harm occurring, then the defendant has breached that duty of care. The breach makes the defendant liable in Negligence to the plaintiff, and the plaintiff is entitled to claim compensation from the defendant for any harm they have suffered as a result of the breach.
The tort of Negligence is potentially very wide in its application, and given its flexibility it has developed rapidly to become the single most important cause of action in tort law. The challenge for both courts and legislatures has been to put realistic limits on liability for Negligence. The remainder of this chapter briefly describes the situations in which liability for Negligence might arise and outlines the essential elements for establishing liability in particular cases. For a more detailed account of the Module ‘The tort of Negligence’.
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