Elements of the Tort of Negligence

Definition of the Tort of Negligence

The Tort of Negligence arises when a person behaves in a careless manner and causes harm to another person.
It is an area of law that concerns civil wrongs, not involving contracts, causing damage to a person due to carelessness.
The concept originates from common law and focuses on compensation for the victim.

Key Elements of Negligence

Duty of Care: The defendant should owe a duty of care towards the plaintiff. For instance, businesses owe a duty of care to their customers to provide safe goods and services.
Breach of Duty: The defendant must have broken this duty of care. This could involve actions or omissions that a reasonable person would not make under the same circumstances.
Damage: The plaintiff must have suffered harm or loss as a result of the defendant’s action, and it should be a type of harm that can be legally recognised.
Causation: It should be shown that the damage was caused by the defendant’s breach of duty. It should be ‘reasonably foreseeable’ that the action (or lack of action) of the defendant could result in harm to the plaintiff.

Negligence in Business

Businesses can be held liable for negligence if their actions (or lack thereof) result in harm or loss to an individual, another business, or the public.
If a business is found to have acted negligently, it may be required to pay compensation to the victim.
Common examples of negligence in business include faulty products, improper business practices or inadequate safety measures.

Defences Against Negligence Claims

Contributory Negligence: The defendant can argue that the plaintiff contributed to their own harm or loss by failing to take reasonable care for their own safety.
Volenti Non Fit Injuria: This defence applies when the plaintiff willingly accepted the risks involved. In business terms, it might mean that a customer knowingly used a product in a dangerous or unadvised manner.
Ex turpi causa: This defence is used when the damage has arisen due to the illegal action or behaviour of the plaintiff.

Always remember, the law of negligence aims to ensure that a person who causes another person harm or loss by their reckless actions or lack of action is held accountable for their behaviour. This holds significant importance in business, as it safeguards customers and stakeholders from the potential harms of negligent practices.