Question
Which of the following is not essential to constitute the tort of negligence?
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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