Common use of THE ISSUES Clause in Contracts

THE ISSUES. The issues to be determined on the question of liability are, of course, grounded in the tort of negligence on which the claim is based. Therefore, for the claim to succeed, it must be established by the claimant to the requisite standard that the first defendant owed a duty of care to him at the material time; that there was a breach of that duty by the first defendant; that the injury he sustained was a foreseeable consequence of the breach of duty; and that the injury, in fact, resulted from that breach.