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Which of the following is an essential constituent of negligence? 1. Defendant was under a legal duty…

The essential constituents of the tort of negligence are a legal duty of care owed to the plaintiff, breach of that duty, and resulting damage that is the direct and…

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Which of the following is an essential constituent of negligence?

1. Defendant was under a legal duty to exercise due care.
2. This duty was owed to plaintiff.
3. Defendant committed breach of such duty.
4. That the breach of such duty was the direct and proximate cause of the damage alleged.

Select one answer
Answer and explanation

Correct answer B

The essential constituents of the tort of negligence are a legal duty of care owed to the plaintiff, breach of that duty, and resulting damage that is the direct and proximate consequence of the breach. Hence "1, 2, 3 and 4 are correct."

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