What is the test for a negligence claim?
Newfoundland and Labrador, Canada
The following excerpt is from Caines v Handrigan, 2017 CanLII 27543 (NL PC):
In Williams v. Thomas Development (1989) Corporation, 2007 NLCA 54, at para 15, Welsh J.A. said as follows: In assessing a claim in negligence, four questions must be answered, in order: first, did the defendant owe a duty of care to the plaintiff; second, if the defendant owed a duty of care, what is the standard of care owed; third, did the defendant breach that standard of care; and, fourth, assuming the defendant breached the standard of care, did the plaintiff suffer damages as a result of the breach?
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