Which of The Following Is Not An Element of Negligence?

Which of the following is not an element of negligence?

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Which of the following is not an element of negligence?

Among the following options, which one is not an element of negligence:

• Intent
• A person’s duty 
• The breach of duty
• Causation 
• Damages caused by the breach

Answer: Intent 

“Intent” is not an element of negligence.

To successfully prosecute a negligence case, you do not need to demonstrate the defendant’s “intent” or “intention” when he or she committed the fault.

Elements of Negligence

What are the elements required to prove negligence?

You must prove four key components to succeed in a negligence lawsuit:

• Duty of care
• Breach of duty
• Causation
• Damages

As you can see from the four elements of negligence, the element of “intent” is not part of the list.

Intention 

In tort law, when someone causes injury to another through a negligence behavior, it does not mean that the person had an “intention” to hurt another or cause damages.

For example, if someone drives a car in a negligent manner (like speeding or failing to stop at the stop sign) causing damages, the person will be held accountable to repair the damages caused even though the person did not have the intention to hurt someone.

For example, if a person speeds past a stop sign injuring a pedestrian, the driver’s intention was not necessarily to drive and hit the pedestrian.

Rather, the driver was negligent in failing to respect the traffic code.

Takeaways 

What elements are required to prove negligence?

Is intention an element that is required to successfully prosecute a negligence case?

Let’s look at a summary of our findings.

Which of the following is not an element of negligence?:

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