A negligent act or omission is a tort or a Civil Wrong. It is based mainly in Common Law.

The usual remedy to correct a Civil Wrong is to seek a sum of money by way of damages. That is done through the Courts.

Negligence is a tort which Claims Handlers will have to deal with almost everyday.

A negligent act is an act (or omission) by one party which is inexcusable and which causes damage to another.

In this chapter the three components of negligence will be covered. Each component must be proved before a claim of negligence can succeed.
1. The Defendant must have owed the Claimant a duty of care.
2. The Defendant must have failed in or breached that duty of care.
3. The Claimant must have suffered damage as a result.

2.1 Introduction
2.2 The Defendant must owe the Claimant a duty of care
2.3 There must have been a breach of that duty of care by the Defendant
2.4 The claimant must have suffered damage as a result
2.4.1 The damage must not be too remote
2.4.2 The Defendant must take the Claimant as he finds him
2.4.3 Causation
2.5 Contributory Negligence
2.5.1 100% Contributory Negligence?
2.6 Negligence of Joint Tortfeasons
2.7 Vicarious Liability
2.8 Independent Contractors
2.9 Suggested Further Reading