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The tort of negligence represents, by far the most significant tort. Although, legally speaking, a late developer, negligence has in a space of about seventy years almost developed a stranglehold on the law of civil obligations.
Before discussing each of the elements of tort negligence, it should be clear as to exactly what is meant by the term. Certainly the legal meaning of ‘negligence’ is clearly distinguishable from what a layperson might refer to as mere carelessness or recklessness.
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