Question

    In tort law, which of the following is an essential

    element of negligence?
    A Motive Correct Answer Incorrect Answer
    B Breach of duty of care Correct Answer Incorrect Answer
    C Malice Correct Answer Incorrect Answer
    D Intention to harm Correct Answer Incorrect Answer

    Solution

    Explanation: Negligence in tort requires: 1.A duty of care owed by the defendant to the plaintiff, 2.Breach of that duty, and 3.Resulting damage or injury to the plaintiff. •Motive, malice, or intention are generally not necessary elements in negligence.

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