What are the elements of the tort of negligence?
Newfoundland and Labrador, Canada
The following excerpt is from Farrell v. Wabush (Town), 2021 NLSC 129 (CanLII):
In Rubens, Hoegg, J.A., speaking for the unanimous court at paragraph 36, defined the elements of the tort of negligence this way: 36 The tort of negligence comprises three essential elements: (1) the existence of a duty of care, (2) breach of that duty of care, and (3) injury to the claimant caused by the breach (Hanke v. Resurfice Corp., 2007 SCC 7, [2007] 1 S.C.R. 333 (S.C.C.) at para. 6).
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