What element is essential for establishing the tort of negligence?

The essential element for establishing the tort of negligence is the duty of care. In tort law, negligence occurs when a person fails to exercise a level of care that a reasonably prudent person would under similar circumstances. This concept begins with the duty of care, which is the legal obligation to avoid causing harm to others. If a defendant owes a duty of care to the claimant, and breaches that duty, resulting in harm to the claimant, then the basic framework for a negligence claim is established.

Having a duty of care means that the defendant had a responsibility to act in a way that would not put others at risk of injury. For example, a driver has a duty of care to operate their vehicle safely to protect other road users. If they fail in this duty by driving recklessly and cause an accident, they can be held liable for negligence.

In contrast, the other options—contractual obligation, intent to harm, and criminal liability—do not form the basis for a negligence claim. Contractual obligation pertains to the duties defined within a contract rather than a general duty owed to others in society. Intent to harm relates to torts that require intent, such as intentional infliction of emotional distress, which is different from negligence that is concerned with carelessness