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.