The law of negligence is based on the duty of every one to exercise due care in his conduct towards others from which injury may result and negligence is the omission to do something which a reasonable man, guided upon the consideration which ordinarily regulates the conduct of human affairs, would do or doing what a prudent and reasonable man would not want to do. The aim of this paper is to examine the breach of the duty of care in the tort of negligence. The paper states that, in the law of tort, negligence has a mental element which is to be inferred from one of the mode in which some torts may possibly be committed and an independent tort which consists of breach of a legal duty. The researcher adopted the doctrinal research method. The paper concludes hat, there is no liability in tort for negligence, unless the act or omission that causes damage is a breach of a duty of care owed to the plaintiff.
Authors: B. O. Alloh