Negligence as a tort is a breach of a legal duty to take care which results in damage to the claimant.
"Negligernce is an omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do" - Alderson B in Blyth v Birmingham Waterworks
- In order to succeed in an action for negligence a plaintiff must show
- 1. a duty of care was owed
- 2. negligence - the standard od care was insufficient
- 3. causation - the defendant must have caused the act or the injury