Explain the term “tort of negligence” and state the THREE prerequisites for the tort.

  1. 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.
  2. 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.