TORT LAW — Negligence — Essential Ingredients — Duty of Care, Breach, and Damage
Principle Statement
Negligence is a tort and it is complete when three conditions are satisfied. These are: 1. The defendant owes a duty of care to the plaintiff; 2. The defendant has acted or spoken in such a way as to break that duty of care; 3. The conduct of the defendant was careless.
Ratio Decidendi (Source)
Per Kalgo, JSC, in UTBN v. Ozoemena (2007) NLC-123-129-2001(SC) at p. 5; Paras B–D.
"Negligence is a tort and it is complete when three conditions are satisfied. These are: 1. The defendant owes a duty of care to the plaintiff; 2. The defendant has acted or spoken in such a way as to break that duty of care; 3. The conduct of the defendant was careless."
Explanation / Scope
This principle establishes the three essential ingredients of negligence: duty of care, breach of that duty, and damage caused by the breach. All three must be proved for a claim in negligence to succeed. The duty of care is the legal obligation to take reasonable care. Breach occurs where the defendant falls below the standard of care. Damage is the harm caused by the breach. The principle applies in all negligence claims. It provides the framework for establishing liability. The plaintiff must prove each element on a balance of probabilities. The principle reflects the foundational elements of the tort of negligence.
