The modern law of negligence was established in Donoghue v Stevenson [1932] AC 562 (Case summary). In order to be successful in a negligence claim, the claimant must prove:
1. the defendant owed them a duty of care;
2. the defendant was in breach of that duty;
3. the breach of duty caused damage and;
4. the damage was not too remote.
Duty of care
The legal test for imposing a duty of care varies according to the type of loss.
For personal injury and property the Caparo test applies. See more here
For psychiatric injury the Alcock test applies. See here
An objective test is applied to determine if the defendant is in breach of duty. (Vaughan v Menlove (1837) 3 Bing. N.C. 467 Case summary). See further on breach of duty here.
Causation is generally decided by applying the 'but for' test from Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428 Case summary. However, in some situations other considerations apply. See more on causation here.
The Wagon Mound no 1[1961] AC 388 Case summary test applies. This provides that the defendant is only liable for loss which was of a foreseeable kind. If the loss was of a foreseeable type, the defendant is liable for the full extent of the loss, even if the loss was much greater than expected. See further on remoteness of damage here.
