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The plaintiff needs to prove three conditions on balance of probability against the defendant in order to be successful in a negligence case. They are ; i) Plaintiff must prove that the defendant owed him Duty of Care. ii) Plaintiff must prove that the Defendant did not comply with the required Standard of Care. iii) Damages suffered by the plaintiff were caused as a result of breach of duty of care by the defendant. That is, There should be sufficient connection between the damages suffered and the actions of the defendant.
3.0 DUTY OF CARE TOWARDS NEGLIGENT ACTS
For an act to be considered a Negligent Act, Firstly, the plaintiff must prove on balance of probabilities that the defendant owed him a duty of care. The judge will be provided with the responsibility of identifying whether the defendant owed the plaintiff a duty of care on the cases they are judging. The method used to determine whether the defendant owed duty of care will vary depending on Negligent Acts and Negligent Advices. There are two approaches to determine the existence of duty of care for Negligent Acts.They are; i) Historical Approach ii) Contemporary Approach
3.1 Historical Approach :
This evolved from the Decision given by the House of Lords on the