Asked by Gabrielle D'Andrea on Jul 23, 2024

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Four of the five following elements, when proved against a defendant, would constitute a successful action in negligence. Which one of the five would not?

A) There was a duty not to injure.
B) The defendant breached the standard of care.
C) There was damage that was foreseeable by a reasonable person.
D) The duty of the defendant was unclear in the legal sense.
E) The defendant was the proximate cause (causation) of the damage.

Proximate Cause

A principle in law that denotes the primary cause of an injury, used to establish the direct link between an act and the injury suffered.

Standard of Care

The degree of prudence, attention, and caution expected of a reasonable person in a specific situation, often used as a legal benchmark.

Foreseeable Damage

Refers to harm or loss that a reasonable person could anticipate under certain conditions in legal or contractual contexts.

  • Apprehend the critical elements of duty of care and the contribution of foreseeability in negligence legal actions.
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Verified Answer

HS
hitesh sharmaJul 25, 2024
Final Answer :
D
Explanation :
The four elements necessary for a successful action in negligence are: a duty not to injure, breach of that duty, causation, and foreseeable damage. An unclear duty in the legal sense (D) does not constitute a successful action in negligence, as clarity in the duty owed is essential for establishing breach and liability.