Negligence is a tort which results when an individual breaches a duty of care they owed to someone else which leads to a loss of some kind.
In order for someone to be found liable for the tort of negligence, three conditions must be met:
- Duty of care: the defendant must have owed a duty of care to the claimant
- Breach of duty: the defendant must have breached that duty of care
- Resultant and foreseeable loss: the breach must have led to a loss on the claimant’s part, and that loss must have been foreseeable by the defendant