what are the elements of negligence?

Question

1).under the duty of care there is this case of donoghue v stevenson. the thing is I dont understand how negligence comes in that case, considering the fact that it is not clearly stated if mr. stevenson intentionally put the snail in the ginger beer. and i dont see how he could have reasonably foreseen the harm of the beer if he was not aware of the presence of a rotten snail in the beer he made.
2).what is calcus of negligence an how is it related or different from breach of duty, in relation to the coase theorem?

Answer 1

It is because of this basic unfairness that the law provides for other people to be joined to an action of this kind. No doubt Ms Stevenson subseqently brought an action against her supplier, who was probably all too eager to settle out of court.

Nowadays you'd have the environmental health people coming round with a view to prosecuting and perhaps a bill would be introduced in Parliament to ban the sale of drinks in opaque bottles.

Answer 2

Negligence is when a person has a duty to act or refrain from acting

they breach that duty

you suffer damages as a result of the breach of duty and

the breach is the actual or proximate cause of your damages

That is the legal definition of basic negligence.

Answer 3

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.