ABSTRACT
This chapter introduces the tort of negligence and the key concept of the duty of care. Negligence claims start with some form of damage, in the form of physical injury, psychiatric injury, property damage or financial loss. Where a person has suffered damage, and the damage is caused by another person’s unreasonable conduct, there is a potential claim in negligence. The tort of negligence started as a claim for personal injury and damage to property which was caused directly by the defendant’s actions. A claim in negligence requires that the claimant has suffered damage, of a type that the law recognises. A claim in negligence requires the claimant to show that he or she suffered damage or injury. Although a claim in negligence will start with the injury or damage suffered by the claimant, the first question that the law considers is whether the defendant owed the claimant a duty of care.
