- 4 Marks
Question
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)
Answer
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:
- Duty of Care: There must exist a legal duty of care owed by the defendant to the plaintiff.
- Breach of Duty: The defendant must have breached that duty of care, resulting in harm to the plaintiff.
- Tags: Legal Principles, Liability, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2023
- Uploader: Theophilus