Asked by ed thelson Lacombe on Jul 04, 2024

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The elements of common-law negligence include

A) (1) a meeting of two people, (2) where one person intends harm, and (3) harm occurs.
B) (1) a legal duty owed by one person to another, (2) breach of that duty, and (3) damages proximately caused by the breach.
C) (1) premeditation of intent to commit harm, (2) the carrying out of the plan, and (3) harm occurs.
D) (1) scienter, (2) duty, and (3) intent.

Common-Law Negligence

Refers to the failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances, leading to unintended harm to others.

Legal Duty

Refers to an obligation imposed by law upon an individual to act or refrain from acting in a certain manner.

Proximately Caused

A legal principle that limits the damages a plaintiff can recover to those which are directly related to the defendant's actions.

  • Comprehend the fundamental concepts and uses of negligence law, including the doctrine of negligence per se.
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SB
Stephanie BuchananJul 10, 2024
Final Answer :
B
Explanation :
The elements of common-law negligence include (1) a legal duty owed by one person to another, (2) breach of that duty, and (3) damages proximately caused by the breach. This definition captures the essence of negligence, which does not require intent to harm, premeditation, or scienter (knowledge of wrongdoing), as suggested by the other options.