LEGAL PRINCIPLE: TORT LAW – Negligence – Burden of proof and duty of care
PRINCIPLE STATEMENT
To establish negligence, the plaintiff must prove that the defendant owed him a duty of care, and that he suffered damage as a consequence of the defendant's failure to take care. A person must take reasonable care to avoid acts or omissions reasonably foreseeable to injure persons directly affected by his acts.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Orhue v. National Electric Power Authority (1998) NLC-2641991(SC) at pp. 5–6; Paras E–A.
"In considering the tort of negligence, liability could only be established if plaintiff proves that the defendant owed him a duty of care, and that he suffered damage in consequence of the defendant’s failure to take care. A person must take reasonable care to avoid acts or omissions which he can reasonably foresee would be likely to injure persons who are so closely and directly affected by his acts or omissions that he ought reasonably to have them in contemplation."
EXPLANATION / SCOPE
Negligence requires duty, breach, and damage. The plaintiff bears the burden of proof. The principle applies to all negligence claims. The defendant must take reasonable care. The rule is based on foreseeability. The court will apply the objective standard. The principle is fundamental to tort law.
