. 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)

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:

  1. Duty of Care: The plaintiff must show that the defendant owed them a legal duty of care.
  2. Breach of Duty: The plaintiff must establish that the defendant breached that duty by failing to act as a reasonable person would.
  3. Causation: The plaintiff must demonstrate that the defendant’s breach of duty directly caused the injury or harm.
  4. Damages: The plaintiff must prove that they suffered actual damage or injury as a result of the defendant’s negligence.