Under The Theory of Negligence, The Duty of Care Requires An Intentional Act.

Under the theory of negligence, the duty of care requires an intentional act.

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Under the theory of negligence, the duty of care requires an intentional act.

Under the legal doctrine of negligence, do you need to prove an intentional act?

Answer: False

Under the theory of negligence, duty of care does not require an intentional act.

Elements of Negligence

What are the elements that you need to prove to successfully prosecute a negligence action?

Here are the four elements needed for negligence:

• Duty of care
• Breach 
• Causality
• Damages

As you can see, an intentional act, intention, or intent is not required to prove that someone was negligent.

Duty of Care

Duty of care refers to a legal obligation imposed on individuals who are required to exercise care when performing an action that may result in harm or injury to another.

To prove negligence, the plaintiff must first establish that the defendant had a duty of care.

This duty is imposed on an individual by operation of law where the parties may not have had a previous relationship with one another.

You can consider this duty to be like a “social contract” where we have an implicit duty to ensure that we do not harm others in society.

Takeaways 

Let’s look at a summary of our findings.

Under the theory of negligence, the duty of care requires an intentional act.:

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