... of care considered reasonable under their circumstances, resulting in an unintended injury to another party. In a normal tort case involving a claim of negligence, the claimant must prove three things. The onus is, therefore, on the claimant to prove the negligence of the defendant on the balance of probabilities. 1. The existence of a duty to take care which was owed to him by the defendant. 2. Breach of such duty by the defendant. 3. Resulting damage to the claimant. Donoghue v Stevenson ?1932? AC 562 is a classical case in the modern tort of negligence. It effectively created the modern tort of negligence. Lord Atkin laid down a general applicable test to determine when a defendant would owe a duty of care. He stated: 'You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injury your neighbour'. As can be seen from ...

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