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

Actionable negligence requires a legal duty of care, owed to the plaintiff, a breach of that duty, and that the breach was the direct and proximate cause of the damage, so…

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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

Actionable negligence requires a legal duty of care, owed to the plaintiff, a breach of that duty, and that the breach was the direct and proximate cause of the damage, so all of "1, 2, 3 and 4" are essential.

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