What is Negligence?

Negligence is a 'Tort' or a civil wrong and is an act or omission, which is in breach of a duty recognised by law. This may be a duty owed as a bailee under bailment or under contract, which is voluntarily entered into by the carrier.

"Negligence is the omission to do something which a reasonable man guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do".

The above definition within English common law does not mention duty of care. We all, as we go about our normal life owe numerous and various duties of care. The level and extent of that care will vary depending upon the circumstance in which we are engaged when the duty is owed. These circumstances and activities will determine the level of care which is owed.

A claimant must prove the following in order for a claim for negligence to succeed: