What are the main elements of negligence?

Study for the Solicitors Qualifying Examination SQE Stage 1. Prepare with flashcards and multiple choice questions. Every question includes hints and explanations. Ace your test with confidence!

Multiple Choice

What are the main elements of negligence?

Explanation:
The key idea is proving negligence in tort requires four elements: a duty of care, a breach of that duty, causation linking the breach to the harm, and actual damages. You must show the defendant owed the claimant a duty to avoid reasonably foreseeable harm, that this duty was breached by failing to meet the expected standard of care, that the breach caused the harm (fact and law of causation), and that there are measurable losses resulting. This is why the correct choice lists those four elements. The other options pull in concepts from contract law or unrelated tort principles—contract formation (offer, acceptance, consideration, intention to create legal relations), or causation concepts like proximity and remoteness without stating the four required negligence elements, or contract remedies.

The key idea is proving negligence in tort requires four elements: a duty of care, a breach of that duty, causation linking the breach to the harm, and actual damages. You must show the defendant owed the claimant a duty to avoid reasonably foreseeable harm, that this duty was breached by failing to meet the expected standard of care, that the breach caused the harm (fact and law of causation), and that there are measurable losses resulting. This is why the correct choice lists those four elements. The other options pull in concepts from contract law or unrelated tort principles—contract formation (offer, acceptance, consideration, intention to create legal relations), or causation concepts like proximity and remoteness without stating the four required negligence elements, or contract remedies.

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