An action in tort of negligence may be brought in English law if a plaintiff suffered loss or injury due to the breach of a legal duty owed to them by another, who has acted in a negligent manner. A defendant is considered negligent if they have failed to act in a reasonable manner – this is assessed by an objective standard. Negligence consists of 3 elements:

1) Duty of Care: This is a legal obligation to take reasonable care or to act in a certain way. The courts have established several situations where the defendant needs to show an obligation of care for the safety or benefit of the claimant, such as the doctor-patient relationship.

2) Breach: This is the failure to perform any action, or to meet any standard, that the defendant owes to the plaintiff. For example, a motorist might breach their duty of care if they drive above the speed limit.

3) Quantifiable damage: This is a material and financial loss caused by the breach of the defendant in the form of injuries and/or damages. This means that the plaintiff will need to prove that they were harmed as a result of the breach, and quantify the amount of money they should receive in order to compensate them for this harm.