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Law of Negligence 
The law of negligence requires that persons conduct themselves in a manner that 
conforms to certain standards of conduct. Where a person’s actions violate those 
standards, the law requires the person to compensate someone who is injured as 
a result. In some instances, the law of negligence also covers a person’s omission 
to act. In tort law, negligence is a distinct cause of action. The Restatement 
(Second) of Torts defines negligence as 
"Conduct that falls below the standard established by law for the protection of 
others against unreasonable risk of harm" 
Essential Elements of Negligence 
Negligence generally consists of five elements, including the following: 
1. Duty 
2. Breach of Duty 
3. Cause In Fact 
4. Proximate Cause 
5. Damages 
1. Duty 
The outcomes of some negligence cases depend on whether the defendant owed 
a duty to the plaintiff. Such a duty arises when the law recognizes a relationship 
between the defendant and the plaintiff, and due to this relationship, the 
defendant is obligated to act in a certain manner toward the plaintiff. 
Example 
In the example, involving the defendant loading bags of grain onto a truck, and 
striking a child with one of the bags. The first question that must be resolved is 
whether the defendant owed a duty to the child.
2. Breach of Duty 
A defendant is liable for negligence when the defendant breaches the duty that 
the defendant owes to the plaintiff. A defendant breaches such a duty by failing 
to exercise reasonable care in fulfilling the duty. 
Example 
In the example above, a jury would decide whether the defendant exercised 
reasonable care in handling the bags of grain near the child. 
3. Cause In Fact 
Under the traditional rules in negligence cases, a plaintiff must prove that the 
defendant's actions actually caused the plaintiff's injury. This is often referred to 
as "but-for" causation. In other words, but for the defendant's actions, the 
plaintiff's injury would not have occurred. 
Example 
The child injured by the defendant who tossed a bag of grain onto a truck could 
prove this element by showing that but for the defendant's negligent act of 
tossing the grain, the child would not have suffered harm. 
4. Proximation of Cause 
Proximate cause relates to the scope of a defendant's responsibility in a 
negligence case. A defendant in a negligence case is only responsible for those 
harms that the defendant could have foreseen through his or her actions. If a 
defendant has caused damages that are outside of the scope of the risks that the 
defendant could have foreseen, then the plaintiff cannot prove that the 
defendant's actions were the proximate cause of the plaintiff's damages.
Example 
In the example described above, the child injured by the bag of grain would prove 
proximate cause by showing that the defendant could have foreseen the harm 
that would have resulted from the bag striking the child. Conversely, if the harm is 
something more remote to the defendant's act, then the plaintiff will be less likely 
to prove this element. 
5. Damages 
A plaintiff in a negligence case must prove a legally recognized harm, usually in 
the form of physical injury to a person or to property. It is not enough that the 
defendant failed to exercise reasonable care. The failure to exercise reasonable 
care must result in actual damages to a person to whom the defendant owed a 
duty of care. 
Specific Duties 
In some instances, a statute or other law may define specific duties, such as the 
duty of a person to rescue another. Professionals, such as doctors and lawyers, 
are also required to uphold a standard of care expected in their profession. When 
A professional fails to uphold such a standard of care, the professional may be 
liable for malpractice, which is based on the Law of negligence.
Case Law 
Donoghue v Stevenson (House of Lord’s Decision) 
This case was a significant keystone in the tort of negligence. It is famed because 
of Lord Atkins ‘neighbour principle' in which he sets out the framework for 
determining the existence of a duty of care. To that end, negligence liability is 
thus based on a core test known as the ‘neighbour principal'. 
Curran v Northern Ireland co, (House of Lord’s Decision) 
Lord Bridge described Ann’s as the ‘high water mark' of a trend in which a duty of 
care could arise. This high water mark led to a rapid judicial retreat and a 
reassertion of restrictions on new duties of care. 
Murphy v Brentwood, (District Council the House of Lords) 
District Council the House of Lords overruled their previous decision in Ann’s and 
decided the law should develop novel categories of negligence.

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Law of negligence

  • 1. Law of Negligence The law of negligence requires that persons conduct themselves in a manner that conforms to certain standards of conduct. Where a person’s actions violate those standards, the law requires the person to compensate someone who is injured as a result. In some instances, the law of negligence also covers a person’s omission to act. In tort law, negligence is a distinct cause of action. The Restatement (Second) of Torts defines negligence as "Conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm" Essential Elements of Negligence Negligence generally consists of five elements, including the following: 1. Duty 2. Breach of Duty 3. Cause In Fact 4. Proximate Cause 5. Damages 1. Duty The outcomes of some negligence cases depend on whether the defendant owed a duty to the plaintiff. Such a duty arises when the law recognizes a relationship between the defendant and the plaintiff, and due to this relationship, the defendant is obligated to act in a certain manner toward the plaintiff. Example In the example, involving the defendant loading bags of grain onto a truck, and striking a child with one of the bags. The first question that must be resolved is whether the defendant owed a duty to the child.
  • 2. 2. Breach of Duty A defendant is liable for negligence when the defendant breaches the duty that the defendant owes to the plaintiff. A defendant breaches such a duty by failing to exercise reasonable care in fulfilling the duty. Example In the example above, a jury would decide whether the defendant exercised reasonable care in handling the bags of grain near the child. 3. Cause In Fact Under the traditional rules in negligence cases, a plaintiff must prove that the defendant's actions actually caused the plaintiff's injury. This is often referred to as "but-for" causation. In other words, but for the defendant's actions, the plaintiff's injury would not have occurred. Example The child injured by the defendant who tossed a bag of grain onto a truck could prove this element by showing that but for the defendant's negligent act of tossing the grain, the child would not have suffered harm. 4. Proximation of Cause Proximate cause relates to the scope of a defendant's responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through his or her actions. If a defendant has caused damages that are outside of the scope of the risks that the defendant could have foreseen, then the plaintiff cannot prove that the defendant's actions were the proximate cause of the plaintiff's damages.
  • 3. Example In the example described above, the child injured by the bag of grain would prove proximate cause by showing that the defendant could have foreseen the harm that would have resulted from the bag striking the child. Conversely, if the harm is something more remote to the defendant's act, then the plaintiff will be less likely to prove this element. 5. Damages A plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It is not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care. Specific Duties In some instances, a statute or other law may define specific duties, such as the duty of a person to rescue another. Professionals, such as doctors and lawyers, are also required to uphold a standard of care expected in their profession. When A professional fails to uphold such a standard of care, the professional may be liable for malpractice, which is based on the Law of negligence.
  • 4. Case Law Donoghue v Stevenson (House of Lord’s Decision) This case was a significant keystone in the tort of negligence. It is famed because of Lord Atkins ‘neighbour principle' in which he sets out the framework for determining the existence of a duty of care. To that end, negligence liability is thus based on a core test known as the ‘neighbour principal'. Curran v Northern Ireland co, (House of Lord’s Decision) Lord Bridge described Ann’s as the ‘high water mark' of a trend in which a duty of care could arise. This high water mark led to a rapid judicial retreat and a reassertion of restrictions on new duties of care. Murphy v Brentwood, (District Council the House of Lords) District Council the House of Lords overruled their previous decision in Ann’s and decided the law should develop novel categories of negligence.