Discussion
In an action for the tort of negligence, what is not required to be proved by the plaintiff is that
Answer: C
In an action for negligence the plaintiff must prove a duty situation, breach of the duty owed to the plaintiff, and damage resulting from the breach. A breach of duty owed to someone in general is not enough and is not required to be shown, since the duty must be owed to the plaintiff himself. So option C, breach of duty owed to someone, is what need not be proved. The three elements are duty, breach and damage, and the duty must be owed to the plaintiff, which in Donoghue v. Stevenson was settled by the neighbour test, so a duty owed to some other person would not support the claim.
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