20/05/2026
𝐄𝐗𝐏𝐋𝐀𝐍𝐀𝐓𝐈𝐎𝐍 𝐎𝐅 𝐂𝐎𝐌𝐌𝐎𝐍 𝐋𝐄𝐆𝐀𝐋 𝐓𝐄𝐑𝐌𝐒 - 𝐍𝐄𝐆𝐋𝐈𝐆𝐄𝐍𝐂𝐄
Negligence refers to a failure to take proper care in doing something, which results in damage or injury to another person. It is widely used in civil law, especially in personal injury cases.
𝐇𝐨𝐰 𝐧𝐞𝐠𝐥𝐢𝐠𝐞𝐧𝐜𝐞 𝐟𝐢𝐭𝐬 𝐢𝐧𝐭𝐨 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧.
When a plaintiff (the person suing) claims compensation from the defendant based on that persons’ negligence, the plaintiff must prove specific elements in court to be successful.
𝐓𝐡𝐞𝐬𝐞 𝐚𝐫𝐞 𝐭𝐡𝐞 𝐛𝐮𝐢𝐥𝐝𝐢𝐧𝐠 𝐛𝐥𝐨𝐜𝐤𝐬 𝐨𝐟 𝐭𝐡𝐞 𝐜𝐚𝐬𝐞:
- 𝐃𝐮𝐭𝐲 𝐨𝐟 𝐜𝐚𝐫𝐞
The defendant (person being sued) must have owed a legal obligation to the plaintiff.
Example: Drivers owe a duty to other road users to drive safely.
- 𝐁𝐫𝐞𝐚𝐜𝐡 𝐨𝐟 𝐝𝐮𝐭𝐲
The plaintiff must show that the defendant failed to meet that duty.
This is often judged by what a “reasonable person” would have done in the same situation.
- 𝐂𝐚𝐮𝐬𝐚𝐭𝐢𝐨𝐧
There must be a clear link between the breach and the harm suffered. This has two parts:
* 𝘍𝘢𝘤𝘵𝘶𝘢𝘭 𝘤𝘢𝘶𝘴𝘢𝘵𝘪𝘰𝘯 (“but for” test): Would the harm have happened but for the defendant’s actions?
* 𝘓𝘦𝘨𝘢𝘭 𝘤𝘢𝘶𝘴𝘢𝘵𝘪𝘰𝘯 (remoteness): Was the harm a reasonably foreseeable result?
- 𝐃𝐚𝐦𝐚𝐠𝐞𝐬
The plaintiff must have suffered actual harm—physical, financial, or emotional—that can be compensated.
- 𝐈𝐧 𝐥𝐢𝐭𝐢𝐠𝐚𝐭𝐢𝐨𝐧:
* The plaintiff carries the burden of proof, usually on a “balance of probabilities” (more likely than not).
* Both sides present evidence: witness testimony, expert opinions, documents, etc.
* The defendant may raise defences, such as:
** 𝘊𝘰𝘯𝘵𝘳𝘪𝘣𝘶𝘵𝘰𝘳𝘺 𝘯𝘦𝘨𝘭𝘪𝘨𝘦𝘯𝘤𝘦 (the plaintiff was partly at fault)
** 𝘝𝘰𝘭𝘶𝘯𝘵𝘢𝘳𝘺 𝘢𝘴𝘴𝘶𝘮𝘱𝘵𝘪𝘰𝘯 of risk
** No duty existed in the circumstances
** Sudden emergency, and more
Example: Imagine a slip-and-fall case in a supermarket:
* The store had a duty to keep floors safe.
* A spill was left unattended for hours (breach/they were negligent).
* A customer slipped on the spill that was not attended to (causation).
* The customer broke his/her arm (damages).
- Bernadette Harmse
