ABSTRACT
To successfully claim in negligence the claimant must establish whether the defendant owes a duty of care to the claimant; is the defendant in breach of that duty; and is the defendant's breach the cause of the damage. If these three requirements are met the defendant is liable in negligence. The test of foreseeability is exploring if the reasonable person, in the defendant's position, has reasonably foreseen that the claimant would have been injured if the defendant did the particular act. It is a reasonable person in the defendant's position and not whether the defendant could foresee that if they acted in a particular way the claimant would suffer harm. If the defendant has control over the third party this may create a relationship of proximity if it is also foreseeable that the claimant will suffer harm. Sometimes it is assumed that because a person goes to the rescue and is injured that they have consented to the injury.
