Which out of the following is not an essential of the tort of negligence ?
The essentials of negligence are "A legal duty to exercise due care on the part of the party complained of towards the party complaining", "Breach of the said duty", and…
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Which out of the following is not an essential of the tort of negligence ?
Answer and explanation
Correct answer D
The essentials of negligence are "A legal duty to exercise due care on the part of the party complained of towards the party complaining", "Breach of the said duty", and "Consequential damage to the complaining party"; the statement "There may or may not be consequential damage as important is breach of duty" contradicts this settled requirement and is therefore not an essential.
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