Four of the five following elements, when proved against a defendant, would constitute a successful action in negligence. Which one of the five would not?
A) There was a duty not to injure.
B) The defendant breached the standard of care.
C) There was damage that was foreseeable by a reasonable person.
D) The duty of the defendant was unclear in the legal sense.
E) The defendant was the proximate cause (causation) of the damage.

Question

Quizplus · Accepted Answer

The four elements necessary for a successful action in negligence are: a duty not to injure, breach of that duty, causation, and foreseeable damage. An unclear duty in the legal sense (D) does not constitute a successful action in negligence, as clarity in the duty owed is essential for establishing breach and liability.

Four of the Five Following Elements, When Proved Against a Defendant