Tort is a breach of personal duties, which gives rise to civil proceedings. Required:

i. Explain “Negligence” briefly. (2 Marks)
ii. State TWO essential elements of negligence. (2 Marks)

i. Negligence: Negligence is the failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances. It is a breach of a legal duty to take care, resulting in damage or injury to another party.

ii. Essential Elements of Negligence:

  1. Duty of Care: There must exist a legal duty of care owed by the defendant to the plaintiff.
  2. Breach of Duty: The defendant must have breached that duty of care, resulting in harm to the plaintiff.
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