Accordingly this is a case of tort on negligence which is only successful if the following five elements are met. Firstly, a duty of care must be evident. Donoghue v. Stevenson [1932] AC 563, 561. Given this fact, we also need to know whether the consequences of the defendants act were reasonably foreseen. In case of Lynne she is legally liable for the immediate harm caused to her after being discharged from the hospital, although she was not in a condition to be sent home. As seen in the case Kent v Griffiths ...