- 5 Marks
Question
Explain the term “tort of negligence” and state the THREE prerequisites for the tort.
Answer
- Tort of Negligence: Negligence is a tort that occurs when an individual fails to exercise reasonable care, resulting in harm or damage to another person. It involves a breach of a duty of care, which leads to foreseeable harm or loss.
- Prerequisites for Negligence:
- Duty of Care: The defendant must owe a duty of care to the claimant.
- Breach of Duty: The defendant must have breached the duty of care by failing to act in a reasonable manner.
- Damage: The claimant must have suffered harm or loss as a direct result of the breach of duty.
Explanation:
This part defines the legal concept of negligence and outlines the three essential elements that must be proven for a successful claim: duty of care, breach of duty, and resulting damage.
- Tags: Negligence, Prerequisites of Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2013
- Uploader: Theophilus