Describe What a Plaintiff Must Do in Order to Succeed

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Examlex · Accepted Answer

The Answer is In order to succeed in an action for negligence,the plaintiff,that is,the injured party must establish on the balance of probabilities,the three essentials:
•The defendant owed them a duty of care.This is a duty owed by one person (the defendant)to another (the plaintiff)and based on the relationship between them - that is,foreseeable risk of injury and established to the satisfaction of the judge;the defendant breached that duty of care to them.The plaintiff then has to establish whether the standard of care the defendant has exhibited has been breached.This is determined by a three-limb test (replacing the reasonable person test and where all three elements have to be satisfied): - that it was foreseeable;and - that the risk was not insignificant;and - that a reasonable person in the defendant's position would have taken precautions;and
•They suffered actual loss or damage recognised by the law.Did the plaintiff suffer actual damage or loss,and was that damage caused or contributed to by the defendant's breach?

Describe What a Plaintiff Must Do in Order to Succeed

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