... The elements that make the tort of negligent valid or actionable are that 1. it should be proved that the tortfeasor owed the claimant a duty of care, 2. that by negligent conduct the defendant broke this duty of care, 3. this negligent conduct caused a consequential legally actionable damage to the claimant, and that 4. there is a proximate connection between the negligent conduct and the resulting injury (Common law, 147). Duty of care is defined as the duty of people to exercise "reasonable care" when dealing with others. Reasonable care is defined as the degree of care that a reasonable person should, not necessarily would, act with, and this is determined by tort law. The breach of duty of care could be tested by asking whether a person acting with reasonable care, or "prudence", who would have been in the same situation as the defendant and with the ...

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