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This is defined as a breach in legal duty to take care which results in damage that is undesired by the defendant. It has three main elements in tort law:
1) The defendant must owe the claimant a duty of care
2) The defendant must breach this duty
3) Damage must have been caused by the claimant by the defendant's breach and such damage must not be too remote
The current test of whether a defendant owes a claimant a duty of care is set out in a tripartite test where all three elements must be proved in order to establish liability...
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This test was formulated by the House of Lords in Caparo Industries plc v Dickman . This developed from a general principle laid down in Donaghue v Stephenson was that you must take reasonable care to avoid any act or omission which you can reasonably foresee would be likely to injure your neighbour...
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