- 1 Marks
Question
For an action to be grounded in negligence, there must be
A. Premeditation of harm
B. Real threat
C. Aggravation of harm
D. Contributory carelessness
E. Consequential damage to the plaintiff
Answer
Answer: E. Consequential damage to the plaintiff
Explanation: To establish negligence, three primary elements must be proven:
- Duty of Care: The defendant owed a duty of care to the plaintiff.
- Breach of Duty: The defendant breached that duty through their actions or inactions.
- Damage: The breach resulted in actual harm or loss to the plaintiff.
Option E (Consequential damage to the plaintiff) is correct because it refers to the damage or harm that directly results from the defendant’s breach of duty. Without proving actual damage, a claim of negligence cannot stand, even if there was a breach of duty.
- Tags: Elements of Negligence, Legal Responsibility, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2017
- Uploader: Kwame Aikins