In order that sound advise be given, it must first be determined what tort or torts are relevant. The facts of this case indicate that there appears to be an issue with regard to the tort of negligence, in particular one of a negligent act. In order that an action under the tort of negligence be successful it must firstly be determined that the three essential elements of neglect, required to establish a case, do in fact exist. Those elements being; firstly, that the defendant owed the plaintiff a duty of care; secondly, that the defendant failed to conform to the required standard of care (breached the standard of care), and thirdly, that there was sufficient connection in law between the defendant’s conduct and the damage suffered by the plaintiff.
In deciding whether a duty of care was owed to the plaintiff by the defendant, reference is made to the doctrine of reasonable foreseeability and proximity, in which it was determined that manufacturers have a duty of care to their neighbours (consumers) to ensure that their... [continues]
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