Negligence—key elements to establish a negligence claim

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

Negligence—key elements to establish a negligence claim

Produced in partnership with Professor Richard A Buckley M.A, D.Phil, DCL, Oxford of University of Reading

Practice notes

This Practice Note outlines the key elements for establishing a claim in Negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:

•
Practice Note: Tortious liability—companies
•
Practice Note: Negligence—banks and the Duty of care
•
Professional negligence claims—overview

Negligence—what are the key ingredients to establish a claim in negligence?

For liability in negligence to be founded, four key ingredients must be present:

•
duty of care
•
breach of that duty
•
damage (which is caused by the breach)
•
Foreseeability of such damage

The various elements of each of the tests overlap and their separation can be artificial upon close analysis in certain circumstances. However, considering each of the items in turn is an essential guide to testing whether an actionable claim in negligence has arisen.

Negligence—a duty of care is required

For negligence to be established, the defendant must owe the claimant a duty to take reasonable

Professor Richard A Buckley, M.A, D.Phil, DCL, Oxford

Barrister (Lincoln's Inn), Emeritus Professor of Law, University of Reading

Professor Buckley is an Emeritus Professor of Law 2008 -. Formerly Professor of Law, University of Reading 1993-2008; Fellow and Tutor in Law, Mansfield College, Oxford 1975-1993; Lecturer in Laws, King's College, London 1970-1975. Leverhulme Research Fellow, 2001. Publications include The Law of Negligence and Nuisance, 5th ed (2011, ��Ƶ); Illegality and Public Policy, 2nd ed (2009, Sweet & Maxwell); The Law of Nuisance, 2nd ed (1995, Butterworths). Professor Buckley is also a contributing editor to Clerk and Lindsell on Torts, Halsbuy's Laws of England, Atkin's Court Forms, Fleming's The Law of Torts, 10th ed (2011), and formerly to Salmond and Heuston on Torts.

Jurisdiction(s):

United Kingdom

Key definition:

Negligence definition

What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

��Ƶ