Negligence as a tort is defined as a breach of a legal duty of care which results in harm to the claimant. It has been established that to incur liability and succeed in a claim for negligence, the plaintiff must demonstrate that the defendant owed him a duty of care, that this duty was breached and that he suffered damage or a loss that falls within the scope of the duty. However, the question of whether there has been a breach of a duty of care involves two elements: the degree of care required (in other words: the standard of care) and whether that care was taken. that the standard of care in negligence is objective, as stated in Nettleship v Watson, in which the defendant's conduct was examined. The situation, however, was not so clear. Under the Caparo test, courts will consider when determining duty of care; the foreseeability of harm, proximity and whether the imposition of a duty would be just, equitable and reasonable. Relatively, it can be said that section 1 of the Compensation Acts 2006 revolves around similar principles to those mentioned in the Caparo test. In fact, courts are asked under section 1 (but not required) to consider the impact of the decisions they make on the standard of care. Additionally, in deciding whether the defendant took the necessary steps to meet the standard of care, courts are asked to consider whether those steps would prevent the carrying out of desirable activities and discourage individuals from undertaking duties related to the activity . The question arises here, however, whether judges had such discretion before the Act when deciding the standard of care. The answer lies in the explanatory notes to the law, which state...... middle of paper ......ckman [1990] 2 ACMiller v. Jackson [1977] QB 966, CARobinson v Post Office [1974] 1 WLR 1176 Overseas Tankship (UK) Ltd v Miller Steamship Co Pty, The Wagon Mound (No 2) [1967] 1 AC 617 Nettleship v Weston [1971] 2 QBMcHale v Watson [1966] CLR 199Bolton v Stone [1951] AC 850, HLDonoghue v Stevenson [1932] AC 562WebsiteEnd of Compensation Culture – Blair, accessed 7 January 2011Culture of Compensation, accessed 7 January 2011 (Claire Mckenney), “Questioning the Claims Culture” (2004), accessed 7 January 2011Compensation Act 2006 Explanatory Notes, accessed 7 January 2011