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Regarding the element of breach of duty in an action for the tort of negligence, what specifically is…

In a negligence action, the plaintiff must establish that the defendant owed the plaintiff a duty of care, breached that duty and thereby caused legally recognized damage.…

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Regarding the element of breach of duty in an action for the tort of negligence, what specifically is required to be proved by the plaintiff?

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Correct answer C

In a negligence action, the plaintiff must establish that the defendant owed the plaintiff a duty of care, breached that duty and thereby caused legally recognized damage. Damage alone or a breach of a duty owed solely to a third party does not establish the plaintiff’s claim. Jacob Mathew v. State of Punjab (2005) 6 SCC 1 explains these elements.

Option feedback

Option A

Incorrect. Mere damage sustained without a breach of a legal duty of care owed by the defendant to the plaintiff (damnum sine injuria) does not sustain an action in negligence.

Option B

A breach of a duty owed only to a third party does not establish that the defendant owed a duty of care to this plaintiff.

Option C

The breach must be of a legal duty of care the defendant owed to the plaintiff. The plaintiff must also establish resulting damage to succeed in the action.

Option D

Incorrect. Because proving a breach of a legal duty of care owed to the plaintiff is the required legal standard, 'Breach of duty owed to the plaintiff' is correct.

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