Introduction

Question 1

What are the elements needed to establish a claim in negligence?

Answer 1

1. Loss or damage; Loss or damage of a recognised kind sustained by the claimant
2. Duty; The existence of a duty of care owed by the defendant to the claimant
3. Breach; Breach of that duty by the defendant
4. Causation; Proof that the breach caused the damage (both in law and in fact)
5. Remoteness; Proof that the damage suffered was reasonably foreseeable i.e. not too remote
6. Defences; Finally, defences: the defendant may have one or more valid defences to the claim