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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 β€” negligence can arise even without intent; it is a civil wrong based on carelessness, not malice. Key Case: Donoghue v. Stevenson (1932) β€” foundational case on duty of care

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