A successful claim in the tort of negligence arises when the defendant causes foreseeable damage to the claimant's person, property, or interests and fails to take reasonable care not to injure the claimant.

Question

Quizplus · Accepted Answer

In order to establish a successful claim in the tort of negligence, there also needs to be a legal duty owed by the defendant to the claimant to take care. There will only be a successful claim in the tort of negligence, if the defendant is in breach of this duty, that is they have fallen below the acceptable standard of care and this breach has caused damage to the claimant usually their person or property which is not considered by the courts to be too remote.

A Successful Claim in the Tort of Negligence Arises When