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In the tort of negligence, what must the defendant have breached?

Actionable negligence requires a legal duty of care owed by the defendant to the claimant, breach of that duty and resulting legally recognized damage. The Supreme Court of…

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In the tort of negligence, what must the defendant have breached?

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Answer and explanation

Correct answer A

Actionable negligence requires a legal duty of care owed by the defendant to the claimant, breach of that duty and resulting legally recognized damage. The Supreme Court of India sets out these elements in Jacob Mathew v. State of Punjab (2005) 6 SCC 1.

Option feedback

Option A

The breach concerns the defendant's legal duty to take reasonable care toward the claimant.

Option B

The claimant alleges a breach of a duty owed by the defendant. The defendant's own legal right is irrelevant to that element.

Option C

A lack of good faith is not a required element of the tort of negligence.

Option D

Breach of the defendant's legal duty of care is the required element.

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