When you owe a legal duty to take care when dealing with someone else – e.g. a doctor owes a duty of care to his patients
To prove negligence
1. Duty - that a duty was owed to you
2. Breach - that duty was breached
3. Damages - you suffered a loss
4. Causation - the breach of duty caused your loss
Donoghue v Stevenson 1932
Plaintiff's friend bought Ginger Beer
Friend drank some before pouring out contents
Discovered a decomposing snail
Plaintiff sued manufacturer under negligence
Found: manufacturer had a duty of care to end user of product
Donoghue v Stevenson
Defined duty of care for all negligent cases
Neighbour principle: you owe a duty of care to anyone who would be affected by your actions - e.g. a driver will owe a duty to all other drivers, pedestrians etc.
Contributory Negligence
When the plaintiff adds in some way to his own loss – e.g. by not wearing a seatbelt
