Discussion
Which of the following is an essential constituent of negligence ?
1. Defendant was under a legal duty to exercise due care.
2. This duty was owed to plaintiff.
3. Defendant committed breach of such duty.
4. That the breach of such duty was the direct and proximate cause of the damage alleged.
Answer: B
Negligence is a breach of a legal duty to take care that results in damage to the plaintiff. Its four essentials are that the defendant owed the plaintiff a legal duty to exercise due care, that the duty was owed to the plaintiff, that the defendant breached it, and that the breach was the direct and proximate cause of the damage. All four are required, so the options that omit the third or the fourth are incomplete. The answer is that 1, 2, 3 and 4 are correct.
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