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 main requirements: a duty of care, a breach of that duty, causation, and damages. Causation itself has two facets: actual causation (but-for the defendant’s conduct) and proximate or legal causation (whether the harm was a foreseeable consequence and not superseded by an intervening cause). The term causation-in-law refers to that proximate, legal link within the broader causation element, not to a separate element you must prove by itself. So, while duty, breach, and damages are clear standalone elements, causation-in-law is not an independent element; it’s part of the causation element you must establish.

Negligence rests on four main requirements: a duty of care, a breach of that duty, causation, and damages. Causation itself has two facets: actual causation (but-for the defendant’s conduct) and proximate or legal causation (whether the harm was a foreseeable consequence and not superseded by an intervening cause). The term causation-in-law refers to that proximate, legal link within the broader causation element, not to a separate element you must prove by itself. So, while duty, breach, and damages are clear standalone elements, causation-in-law is not an independent element; it’s part of the causation element you must establish.

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