Under English law, the tort of negligence occurs when one person’s actions cause another person to suffer a foreseeable and unreasonable amount of harm or loss. Liability for negligence will only arise when the following elements are proven:
• A duty of care was owed by the defendant to the claimant. • The defendant breached the duty of care by acting, or failing to act, in a certain way. • The breach of the duty of care caused the claimant to suffer harm or loss. • The harm or loss suffered was foreseeable, meaning it was a natural consequence of the breach of the duty of care. • The harm or loss suffered was not of a remote or minimal nature.
If all the above elements are established, the defendant may be found liable for negligence and will be responsible for any harm or loss suffered as a result of their actions.
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