Negligence - Tort Law
The tort of negligence is largely dependent upon the recognition of the existence of a duty of care owed by one person to another being breached by a failure to exercise care and skill and, to Lord Wright, in Lochgelly Iron & Coal v. M’Mullan [1934] AC 1, it was recognised that, “negligence means more than heedless or careless conduct … it properly connotes the complex concept of duty, breach and damage thereby suffered by the person on whom the duty was owing”.
Therefore, as has already been alluded to, the key decision in this area is Donoghue v. Stevenson [1932] AC 562 involving the consumption of a drink containing part of a decomposed snail in a public bar that neither her friend, who bought the drink for her, nor the shopkeeper who sold it were aware of because of the bottle’s opaqueness and so the manufacturer was sued for negligence and the House of Lords agreed there was a valid claim. As a result the elements of a successful negligence claim were said to be – (a) a duty of care; (b) with a breach of that duty; (c) that was proximate and not too remote; (d) leading to recognised harm in fact.
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