Which elements are required to establish a tort of negligence?

Prepare for the HSC Legal Studies Exam. Study with flashcards and multiple choice questions, each question includes explanations and hints. Elevate your readiness for the exam!

The correct choice outlines the essential elements necessary to establish a tort of negligence, which are duty of care, breach of duty, causation, and harm.

Firstly, the duty of care refers to the legal obligation that one party owes to another to act in a reasonably foreseeable manner to avoid causing harm. This is a foundational concept in negligence; if a duty of care does not exist, a claim cannot be brought.

Next, breach of duty involves a failure to meet the standard of care that a reasonable person would observe in the given circumstances. This could be due to an action taken or a failure to act appropriately.

Causation links the breach of duty to the harm suffered by the party. It must be shown that the breach directly led to the injury or damage sustained. This establishes the actual connection between the negligent action and the resulting consequences.

Finally, harm refers to the actual damage or injury that occurred as a result of the breach of duty. Without demonstrable harm, a claim for negligence cannot proceed, even if a duty was owed and breached.

The other choices do not accurately encompass the requirements of negligence as established in common law. Some mention intent or contractual terms, which are not relevant to negligence.

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