Which of the following is NOT an element of negligence?

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Multiple Choice

Which of the following is NOT an element of negligence?

Explanation:
Negligence rests on four elements: a duty to exercise reasonable care, a breach of that duty, a causal link between the breach and the injury, and actual damages. Intent is not required for negligence because negligence looks at failing to meet a standard of care, not at whether the person intended harm. A person can be negligent without wanting to cause harm; the harm comes from the breach and its consequences. Duty creates the obligation to act responsibly, breach is failing to meet that obligation, causation ties the breach to the injury, and damages are the actual harm suffered. Intent, however, is the hallmark of intentional torts—where the person intended the harm. So the element that is not part of negligence is Intent.

Negligence rests on four elements: a duty to exercise reasonable care, a breach of that duty, a causal link between the breach and the injury, and actual damages. Intent is not required for negligence because negligence looks at failing to meet a standard of care, not at whether the person intended harm. A person can be negligent without wanting to cause harm; the harm comes from the breach and its consequences. Duty creates the obligation to act responsibly, breach is failing to meet that obligation, causation ties the breach to the injury, and damages are the actual harm suffered. Intent, however, is the hallmark of intentional torts—where the person intended the harm. So the element that is not part of negligence is Intent.

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