- 8 Marks
Question
. Law of tort deals with civil wrongs, a breach of which attracts damages.
i. What is negligence in the law of tort?
(2 Marks)
ii. What must a plaintiff establish for him to succeed in an action for negligence?
(6 Marks)
Answer
i. Negligence in the Law of Tort:
Negligence is the failure to exercise the level of care that a reasonable person would in similar circumstances, leading to damage or injury to another party. It involves acting or omitting to act in a way that causes harm to others.
ii. Elements a Plaintiff Must Establish for Negligence:
For a plaintiff to succeed in an action for negligence, they must prove the following elements:
- Duty of Care: The plaintiff must show that the defendant owed them a legal duty of care.
- Breach of Duty: The plaintiff must establish that the defendant breached that duty by failing to act as a reasonable person would.
- Causation: The plaintiff must demonstrate that the defendant’s breach of duty directly caused the injury or harm.
- Damages: The plaintiff must prove that they suffered actual damage or injury as a result of the defendant’s negligence.
- Tags: Breach of Duty, Causation, Civil Wrongs, Duty of Care, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2015
- Uploader: Dotse