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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.:

  • Question: Do you need to prove intent when establishing duty of care under the legal theory of negligence?
  • Answer: No you do not
Civil wrong 
Compensatory damages 
Defamation 
Intentional act 
Intentional tort
Negligence 
Negligent definition 
Negligent tort
Proximate cause 
Reasonable person 
Self-defense 
Standard of care
Tort law
Tort reform
Tortfeasor 
Trespass to land 
Wrongful interference
Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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