Q&A: Business Law-element of negligence?

Posted by 70sfamily | 9:33:00 AM


The element of negligence that states the defendant did not fulfill an obligation is called-
a.duty of care
b.breach of duty
c.proximate cause
d.strict liability

This is from my homework. I don't quite understand the differences of a, b, c, because they are all failures to exercise as a reasonable person.
Strict liability is out of the question because it is not included in the elements of negligence(in my textbook).
thank you very much, Randall Parker!
Thank you all!

Randall Parker, MBA
For negligence, you are looking for the least amount of responsibility.

In this case, duty of care fits the bill. Breach of duty is an overt act. Proximate cause just means that your actions led to an event that caused monetary damages. Strict liability means that you were directly responsible for a loss.

I hope this helps.

Mr Placid
Duty of care is the obligation.

Breach of duty is failure to meet the obligation.

Proximate cause means that the failure to meet the obligation was the reason why the other person suffered damages.

Your answer is b.

r m
b.

since there was an obligation (duty established in question) not fulfilled (breached). SL isn't really an 'element' of negligence it rather establishes a few elements of negligence at once (duty and breach). It also doesn't seem worded to ask for cause. C. asks whether it's socially correct for a defendant to be held accountable for his actions.

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