Discussion
Which of the following is an essential constituent of negligence ?
(1) Defendant was under or legal duty to exercise due care
(2) This duty was owed to plantiff
(3) Defendant committed breach of such duty
(4) That the breach of such duty was the direct and proximate cause of the damage alleged.
Answer: B
All four are essential constituents of negligence, so (B) is correct. The plaintiff must prove that the defendant owed him a legal duty to take care (items 1 and 2), that the defendant broke that duty (item 3), and that the breach was the direct and proximate cause of the damage alleged (item 4). The decision in Donoghue v. Stevenson (1932) gave the modern notion of the duty of care. Options (A), (C) and (D) each leave out one of the four elements, and so state an incomplete test.
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