Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.
The tort of negligence consists of three elements which a plaintiff must prove in any action based on negligence.
- Legal duty of care.
- Breach of duty.
- Loss or damage.
Essentials of negligence tort
- Duty to take care
- Duty to whom
- Duty must be towards the plaintiff
- Breach of Duty to take care