LEGAL PRINCIPLE: TORT LAW — Negligence — Elements for Establishing Duty of Care
PRINCIPLE STATEMENT
First one has to ask as between the alleged wrong doer and the person who has suffered damage if there is a sufficient relationship of proximity or neighbourhood such that in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter in which case a prima facie duty of care arises.
RATIO DECIDENDI (SOURCE)
Per Musdapher, JSC, in International Messengers Nig. Ltd v. Nwachukwu (2004) NLC-1322000(SC) at p. 9; Paras A–B.
"First one has to ask as between the alleged wrong doer and the person who has suffered damage if there is a sufficient relationship of proximity or neighbourhood such that in the reasonable contemplation of the former, carelessness on his part may be likely to cause damage to the latter in which case a prima facie duty of care arises."
EXPLANATION / SCOPE
A duty of care requires a sufficient relationship of proximity or neighbourhood between the parties. The test is reasonable contemplation that carelessness may cause damage. The principle applies to negligence claims. A prima facie duty arises if the test is satisfied. The rule establishes the foundation of negligence liability. The court must examine the relationship between the parties.