First Principles of Business Law

Liability in tort for wrongful conduct

12. Negligence

12 (b) 1.1  Elements of liability: The existence of a duty of care

 

 

 

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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