Elements Of Negligence

Some elements are required to establish a
    prima facie case of negligence. To prove negligence and claim damages, a claimed has to prove the felony to the court;
1.    That the defendant owed him/her a duty of care;
2.    That the defendant breached that duty of care;
3.    That he/she suffered loss or damage as a direct consequence of the beach.
The concept of duty and care was layed down in the case of Donoghue V. Stevensan (1932) AC 562.1-that case, it was established that manufacturers have a duty of care to the end consumers or users of their product. According to Lord Atkin’s ratio decend i, “a manufacturer of products, which he sells…to reach the ultimate consumer in the form in which they left him…owes a duty to the consumer to take reasonable care”. Also Lord Atkins said that “you must take reasonable care to avoid acts or omissions which you can reasonably foresee, would be likely to injure your neigbour who, thus in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought to have them in mind when am considering these acts or omissions”.
Once it is established that the defendant owed a duty to the claimant, the matter of whether or not that duty was breached must be settled. The defendant who knowingly expose the claimant to a substantial risk of loss, breached that duty of care. Also the defendant who fails to realise the substantial risk of loss to the claimant which any reasonable person in the same situation would clearly have realised also breaches that duty. Note that breach of duty of care is not limited to professionals, all members of the society have a duty to exercise reasonable care towards others and their property. In Bolton V. Stone (1951) AC 850, one Miss Stone was struck on the head by a cricket ball while standing outside her house cricket balls were not normally hit a fare enough distance to pose a danger to people standing as far away as was Miss Stone. Although she was injured, the court held that she did not have a legitimate claim because the danger was not sufficiently foreseeable.
Damages place a monetary value on the harm done thus, for most purposes connected with the qualification of damages, the degree of culpability in the breach of the duty of care is irrelevant, once the breach of duty is established, the only requirement is to compensate the victim. Compensatory damages address a claimant’s losses. The award should make the claimant whole, sufficient to put the claimant back in the position he or she was before the defendant’s negligent act. There are general and special damages special, damages are quantifiable losses suffered from the date of defendant’s negligent act up to a specified time. Examples include loss of wages, medical bills or damage to property like car. While general damages are not quantifiable in monetary terms, an example is an amount for the pain and suffering one experiences from a car collision.
Noted that if the claimant fails to prove any one element of his/her claim, he/she losses on the entire tort.

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