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The first essential element of the tort of Negligence is a 'duty of care'. For a duty of care to exist between a wrongdoer (the defendant) and a person who has suffered harm as a result of the wrondoer's conduct (the plaintiff), the following things must be established:
1. Some kind of harm must have been foreseeable
2. It must have been foreseeable who might be harmed
3. Either a ‘duty situation’ or special circumstances giving rise to a duty of care must have existed
These requirements will be illustrated in the examples on the following pages.
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