ABSTRACT
The tort of negligence has since the 1930s been recognised as comprising a complex relationship between duty, breach and damage (Lochgelly Iron and Coal Co v M’Mullan (1934) per Lord Wright).1 To win an action based on the tort, the claimant must, according to this analysis, prove:
(a) the defendant owed a duty of care to him/her. This is a matter of law, determined by judicial interpretation of precedents;
(b) the defendant’s conduct was in breach of that duty. This is a matter of fact determined by a judge (formerly by a jury) on the evidence;
(c) the defendant’s conduct has caused actionable damage to him/her.
