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In action for negligence the plaintiff has to prove that :

  • A.The defendant has a legal duty to take care
  • B.The defendant has breached of the duty
  • C.The damage to the plaintiff as a result of breach of duty
  • D.All of the above

Answer: D

The plaintiff must prove all of the above.

Negligence as a tort has three elements:

  1. the defendant owed the plaintiff a legal duty to take care;
  2. the defendant breached that duty by failing to meet the standard of a reasonable person;
  3. the plaintiff suffered damage caused by the breach, which is not too remote.

Each of the first three options states only one element, and failure to prove any one of them defeats the action, so the complete answer is the option that combines them.

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