Intro to Paralegal Studies Practice

What are the four basic elements required to establish negligence?

1. Duty, intent, causation, harm

2. Duty, breach, causation, harm

3. Duty, breach, motive, damages

4. Intent, action, consequence, harm

The correct answer is: Duty, breach, causation, harm

To establish negligence, it is essential to understand the four key elements involved: duty, breach, causation, and harm. Firstly, the concept of duty refers to the obligation of an individual or entity to act (or refrain from acting) in a certain way toward others, typically to prevent foreseeable harm. This duty is rooted in the reasonable standards of care that society expects. The second element, breach, occurs when an individual or entity fails to meet that duty. This could be through actions taken or through omissions where action was necessary, indicating a failure to adhere to the expected standard of care. Causation is the third element, which links the breach of duty directly to the harm caused. It must be established that the breach was the direct cause of the injury or damages; without this connection, a negligence claim cannot be sustained. Finally, harm refers to the actual injury or damage suffered by the plaintiff. This can include physical injury, emotional distress, or financial loss, and it is critical for demonstrating that the breach of duty resulted in a tangible negative effect. Understanding these elements is fundamental in paralegal studies as they form the basis for evaluating negligence cases in legal practice.