The tort of negligence is concerned with the duty to take reasonable care not to cause reasonably foreseeable loss. Claimants will bring a claim in the tort of negligence against another party to recover their losses which was allegedly caused by the defendant’s failure to take reasonable care.
A claimant must show four things to satisfy a claim in the tort of negligence. Firstly, they must show the defendant owed to them a duty to take reasonable care. Secondly, they must show the defendant breached this duty of care. Thirdly, they must show that this breach caused them a loss recognised by the tort. Finally, they must show this damage was not too remote.
The following sections explore each of these enquiries in turn.