LawLevel: Intermediate

Negligence in Tort Law: The Four Elements, With Key Cases

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Problem Statement / Assignment Scope

Explain the elements a claimant must prove to succeed in negligence in English law, showing how the approach to duty of care has developed from the neighbour principle to the present day.

Prerequisites: An introduction to tort law and the idea of a duty of care.

Step-by-Step Worked Solution

1. Duty of care

Lord Atkin's neighbour principle in Donoghue v Stevenson [1932] says you must take reasonable care not to injure those you can reasonably foresee being affected by your actions. Caparo v Dickman [1990] later framed new duties around foreseeability, proximity and whether a duty is fair, just and reasonable. Robinson v Chief Constable of West Yorkshire [2018] clarified that courts first apply established categories of duty, and use the Caparo factors only for genuinely new situations.

2. Breach

The defendant breaches the duty by falling below the standard of the reasonable person in their position (Blyth v Birmingham Waterworks (1856)). Courts weigh the likelihood and seriousness of harm against the cost of precautions.

3. Causation

Ask whether the harm would have happened but for the breach. In Barnett v Chelsea & Kensington Hospital [1969] the doctor was negligent, but the patient would have died anyway, so causation failed. A new intervening act (novus actus interveniens) can break the chain.

4. Remoteness

The type of damage must have been reasonably foreseeable (The Wagon Mound (No 1) [1961]). If it was, the defendant is liable even if the extent of the damage was greater than expected.

Key Takeaways & Core Principles

  • A claimant must prove all four elements: duty, breach, causation and remoteness.
  • The standard of care is objective: what a reasonable person in the defendant's position would have done.
  • After Robinson, start with established duty categories before reaching for Caparo.
  • An intervening act can break the chain of causation.

Frequently Asked Questions

How is professional negligence judged?

By the standard of a reasonably competent member of that profession. Under *Bolam* a professional isn't negligent if a responsible body of opinion supports what they did, and *Bolitho* adds that this opinion must stand up to logical analysis.

Academic References & Standards

  • [1]Rogers, W. V. H. (2020). Winfield and Jolowicz on Tort. Sweet & Maxwell. Source Link
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