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Tom Higgins is complaining about the carelessness of his neighbour, Massimo Brollo, and wonders if he could sue Massimo for negligence and win. Required :

Tom Higgins is complaining about the carelessness of his neighbour, Massimo Brollo, and wonders if he could sue Massimo for negligence and win.

Required:

a) Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

b) Explain under what circumstances the defence of remoteness can be used in a negligence action.

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