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#duty #law #negligence #tort
Negligence requires proof of a number of elements before a claim is successful. These are:
1. Loss or damage of a recognised kind sustained by the claimant
2. The existence of a duty of care owed by the defendant to the claimant; and,
3. Breach of that duty by the defendant;
4. Proof that the breach caused the damage;
5. Proof that the damage suffered was reasonably foreseeable. i.e. not too remote
6. Finally, defences: Does the defendant have one or more valid defences to the cliam?
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