Regarding the element of breach of duty in an action for the tort of negligence, what specifically is…
Negligence requires a duty of care owed to the claimant, breach of that duty and consequential damage. As illustrated by Donoghue v. Stevenson [1932] AC 562, Palsgraf v.…
Choose your answer
Regarding the element of breach of duty in an action for the tort of negligence, what specifically is required to be proved by the plaintiff?
Answer and explanation
Correct answer C
Negligence requires a duty of care owed to the claimant, breach of that duty and consequential damage. As illustrated by Donoghue v. Stevenson [1932] AC 562, Palsgraf v. Long Island Railroad Co., 248 N.Y. 339 (1928), and Bourhill v. Young [1943] AC 92, it is insufficient to show damage alone or carelessness towards someone else.
Option feedback
Option A
Damage alone does not establish a breach of a duty of care owed to the claimant.
Option B
The claimant must show breach of a duty owed to them. Breach of a duty owed only to someone else does not establish their claim.
Option C
The claimant must show breach of a duty of care owed to them, as well as damage caused by that breach.
Option D
Proving breach of a duty of care owed to the claimant is the required showing for this element.
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