Negligence

What is Negligence in Tort Law?

Quick Definition

Negligence is a failure to exercise the level of care that a reasonable person would in similar circumstances, leading to harm or damage. It forms the basis for many personal injury claims, requiring proof of a duty of care, a breach of that duty, and resulting harm.

In Context

Negligence is a cornerstone of tort law, frequently encountered in both real-life legal disputes and academic exams. A classic example is the case of Donoghue v Stevenson (1932), which established the modern concept of duty of care. In this case, a woman fell ill after consuming a ginger beer containing a decomposed snail, leading to the principle that manufacturers owe a duty of care to consumers. Understanding negligence is essential for analysing scenarios where someone's careless actions cause harm to another.

See Also

• Duty of Care

• Causation

• Occupiers' Liability

Learn More

Dive into our Tort Law Notes for deeper case law, examples, and revision tips.