ABSTRACT
This chapter describes the basic origins and character of negligence and identifies the essential elements of a negligence claim. It explains the reasons for retreating from the Anns two-part test and explores the role of policy in establishing the existence of a duty of care. The chapter analyses the concept of duty of care and discusses the relevant tests to factual situations to determine the existence of a duty of care. The origins of negligence lie in other torts in a process known as an action on the case, a method of proving tort through showing negligence or carelessness. Lawyers were able to use the neighbour principle to argue for the extension of negligence into areas previously not covered by the tort where damage was a foreseeable consequence of the defendant’s acts or omissions. Policy has always been a major consideration in determining liability in negligence.
