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Negligence Is An Important Legal Principle

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As I was saying, negligence is an important legal principle that enables a party, who has suffered loss or damage resulting from the wrongful actions or inactions of another, to claim compensation from the party responsible for their loss; and there is no contractual relationship between the parties necessary. A successful negligence suit must have three elements present.
Element one is duty of care, which means that there is a legal obligation imposed in circumstances where harm could be reasonably foreseen to occur to others. This element can be found by applying the ‘neighbour principle’ established in the Donoghue v Stevenson case. The neighbour principle states that a person must take reasonable care to avoid acts or omission which you can reasonably foresee would be likely to injure your neighbour.
Element two is breach of the duty of care. The plaintiff has the burden of proof to prove, on the balance of probabilities, that the defendant had a duty of care and that duty of care was breached.
The third element is injury or damages suffered as a result of that breach. Now that a breach of duty of care has been proved, it is crucial to show that the breach resulted in damage or injury to the plaintiff. The defendant must be able to reasonably foresee that someone could be hurt by their actions.
In the scenario the couple out for dinner, Mikaela who is anaphylactic consumed nuts from her desert even though she evidently made the waiter aware of her condition. The
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