Law of Tort: Negligence (Introduction)

In a claim for Negligence there are 4 main elements that must be present. If any of these elements cannot be met then the claim will fail

  • The Claimant was owed a Duty of Care.
  • Duty of Care is breached.
  • Causation – Both legal and Factual Causation must be present
  • Remoteness of Damage (The damage suffered cannot be too remote)

The legal burden of proof falls on the Claimant in any Negligence claim.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Powered by WordPress.com.

Up ↑