Tort of Negligence - To successfully claim for a tort of negligence there are three criteria that must be proven in order to claim, firstly there must be a duty of care owed, the defendant must be in breach of this duty, and the breach must be the cause of harm/damage.
DUTY - Must be proven that there was a duty of care owed:
Donoghue v Stevenson - Developed the neighbour principle and stated that a manufacturer owes a duty of care to the consumer.
Caparo v Dickman - Builds on the neighbour principle and established the three part test to see if a duty of care is owed:
1.) Is harm reasonably foreseeable? Hayley v London Electricity Board
2.) Is there proximity? Watson v BBBC
3.) Is it fair and just to impose a duty of care? Hill v Chief Constable of West Yorkshire
BREACH - Defendant must be in breach of their duty:
Blyth v Birmingham waterworks - developed the reasonable man test "Negligence is the omission to do…