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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.…

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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?

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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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