Negligence And Lack Of Negligence Essay

1345 Words Sep 22nd, 2014 6 Pages
Negligence occurs if someone fails to take reasonable care to prevent loss, damage or injury to others whom they could reasonably have foreseen might be injured if that care was not taken. When accidents happen those usually involved want to believe that a negligence action has occurred and that it was due to the fault of someone else instead of believing it to be accidental. Negligence is a part of tort law, which consists of three essentials that need to be proven by the plaintiff in order to be successful in a negligence case. Duty of care, standard of care and sufficient connection in law are the three essentials that are needed in a negligence action case, which the concept was described by Lord Wright in Lochgelly Iron and Coal Co Ltd v M’Mullen [1934] AC 1 at 25.

Duty of care is the first essential of negligence, where a plaintiff must prove that the defendant owed them a duty of care. Duty of care refers to the obligation that someone has to another, and the responsibility to prevent injury that may have been reasonably foreseen. In Donoghue v Stevenson [1932] AC 562, the House of Lords accepted that a duty of care could exist in any circumstance where loss, damage or injury occurred was ‘reasonably foreseeable’ and the parties involved were sufficiently close to require one to take care to not put the other at risk.

For a duty of care to exist, it must have been reasonably foreseeable to the defendant that though their actions or omissions an injury, loss or…

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