What must a plaintiff demonstrate to prove a case of negligence?

Study for the CLEP Business Law Test. Engage with flashcards and multiple choice questions, each question has hints and explanations. Prepare effectively for your exam!

To prove a case of negligence, a plaintiff must demonstrate that the defendant had a duty of care towards the plaintiff, that this duty was breached, and that the breach directly caused harm to the plaintiff. This framework is essential in negligence cases as it establishes the foundation of the claim. The duty of care means that the defendant was obligated to act with a certain level of care to avoid causing harm to others; if that duty is not upheld, it constitutes a breach. The outcome, or harm, must be a direct result of that breach for liability to be established.

The other options do not align with the legal principles surrounding negligence. For example, proving that a defendant intended to cause injury suggests a different tort, such as intentional torts, rather than negligence. Similarly, the plaintiff's awareness of risks is more relevant in the context of assumptions of risk rather than proving negligence itself. Finally, complete compliance with the law may mitigate liability but does not imply negligence has occurred; in fact, negligence, by definition, involves a failure to meet established standards of care, which is not negated by lawful behavior.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy