Chapter 7 – Duty of Care in Negligence Categories Approach to negligence Negligence is a form of action on the case: for the indirect intentional infliction of personal injury (wilful injury) Negligence is comprised of three primary elements: (THIS IS NOT FOR DUTY OF CARE) 1. The defendant must have owed the plaintiff a duty of care. 2. that duty must have been breached. 3. that breach must have caused damage to the plaintiff. In broad terms, a duty of care exists when there is a sort of a 'relationship'…
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