Paralegal Exam Prep

Category - Torts

Which of the following is NOT an element of negligence?
  1. Breach of duty to use ordinary care
  2. An intentional act that results in harm
  3. A proximate causal connection between the negligent conduct and the resulting injury
  4. Damage
  5. A duty to use ordinary care
Explanation
Answer: B. An intentional act that results in harm is not an element of negligence. Negligence can be distinguished from an intentional tort in that negligence does not require the negligent party to have the intention to cause harm. Negligence can result from mere carelessness.
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