Negligence

Tort of negligence is essentially concerned with compensating people who have suffered….

damage as a result of the carelessness of others

Negligence was defined in..

Blyth v Birmingham Waterworks (1956)

as “failing to do something which the reasonable person would do or doing something which the reasonable person would not do”

Negligence, therefore,

can come as an act or omission

In order to establish liability in negligence, the C must prove on the balance of probabilities

1) they were owed a Duty of Care

2) that the Defendant was in Breach of Duty

3) that the C suffered Damages caused by the D which was not too remote