| − | The duty of care is one of the elements in the [[Tort|tort]] of [[Negligence|negligence]] which must be proved by a plaintiff in order to succeed in a claim. | + | The '''duty of care''' is one of the elements in the [[tort]] of [[negligence]] which must be proved by a plaintiff in order to succeed in a claim. |
| − | The plaintiff must show that the defendant owed him or her a duty of care; that the defendant has breached that duty with reference to the relevant [[Standard of care|standard of care]]; and that the plaintiff has suffered damage as a result of the breach. | + | The plaintiff must show that the defendant owed him or her a duty of care; that the defendant has breached that duty with reference to the relevant [[standard of care]]; and that the plaintiff has suffered damage as a result of the breach. |