Argumentative essay negligence

The requirements of the modern tort of negligence were stated by Lord Wright in, Lochgelly and Coal Co ltd v McMullan, as being, i) the existence of a duty of care owed by the defendant to the claimant; ii) a breach of that duty; iii) damage or injury caused by that breach of duty.

INTRODUCTION This article will be written focused on the Topic Negligence and its three conditions which needs to be satisfied on balance of probability such as Duty of Care, Standard of Care and the requirements to prove that the causation of the damages suffered by the plaintiff was due to the act of the defendant.

Introduction Negligence is “conduct causing damage to another, in breach of the defendant’s duty of care owed to the other” (pg 425 Terry and Giugni (8.10).) This definition states the defendant is responsible towards the plaintiff, if a breach of recognized standard of duty is not adhered to and the plaintiff suffers an injury as a result.

The elements which constitute a Negligent Tort are defined as: a person must owe a duty Introduction Negligence is “conduct causing damage to another, in breach of the defendant’s duty of care owed to the other” (pg 425 Terry and Giugni (8.10).)