Intro to Paralegal Studies Practice

What is the primary basis for a Tort of Negligence?

1. Intentional harm

2. Unintentional harm

3. Property damage

4. Emotional damage

The correct answer is: Unintentional harm

The primary basis for a tort of negligence is unintentional harm. In tort law, negligence occurs when an individual fails to exercise the level of care that a reasonably prudent person would have in similar circumstances, resulting in harm to another party. This lack of intention distinguishes negligence from other types of torts, such as intentional torts, where harm is deliberately inflicted. In negligence claims, the focus is on the actions or omissions of the defendant that led to the injury or damage. Specifically, for a successful negligence claim, the plaintiff must demonstrate that a duty of care was owed, that this duty was breached, that the breach caused the injury, and that actual damages resulted from the breach. As such, the essence of negligence revolves around unintentional acts that result in injury, underscoring how negligence is more about carelessness or failure to act than about any intentional wrongdoing. This clarification highlights why options related to intentional harm, property damage, or emotional damage do not accurately describe the basis for a tort of negligence. Instead, they may fall under different categories of torts or claims in legal contexts.