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    Question

    Which of the following is not essential to constitute

    the tort of negligence?
    A Legal duty of care Correct Answer Incorrect Answer
    B Breach of duty Correct Answer Incorrect Answer
    C Malicious intention Correct Answer Incorrect Answer
    D Damage resulting from the breach Correct Answer Incorrect Answer

    Solution

    To establish negligence, the following elements must be proved: 1. Duty of care owed by the defendant 2. Breach of that duty 3. Resulting damage or harm Malicious intention is not required — negligence can arise even without intent; it is a civil wrong based on carelessness, not malice. Key Case: Donoghue v. Stevenson (1932) — foundational case on duty of care

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