Asked by Josie Willie on Jul 04, 2024

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Which of the following is not necessary to establish to succeed in a negligence action?

A) The defendant had a duty of care to the plaintiff.
B) The defendant breached his or her duty of care.
C) The plaintiff suffered a legally recognizable injury.
D) The injury was caused by the defendant's breach of duty of care.
E) None of these choices is correct.

Negligence Action

A legal claim filed by someone who was harmed because of another party's failure to act with reasonable care.

Duty Of Care

A legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

Breach

The violation of a legal obligation, rule, or agreement.

  • Acquire knowledge of the critical elements involved in establishing negligence within the framework of legal cases.
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Sheheryar SharfJul 08, 2024
Final Answer :
E
Explanation :
All the options (A, B, C, D) are necessary elements to establish in order to succeed in a negligence action. Duty of care, breach of that duty, a legally recognizable injury, and causation between the breach and the injury are all fundamental components of negligence.