Questions: Identify the elements required to prove negligence: To prevail in a negligence case, a plaintiff must prove each of the following elements EXCEPT: The plaintiff's injuries were caused by the defendant's breach. The defendant owed plaintiff a duty. The plaintiff sustained a compensable loss. The defendant breached his duty to plaintiff. The defendant purposefully caused the plaintiff to suffer an injury.

Identify the elements required to prove negligence: To prevail in a negligence case, a plaintiff must prove each of the following elements EXCEPT: The plaintiff's injuries were caused by the defendant's breach. The defendant owed plaintiff a duty. The plaintiff sustained a compensable loss. The defendant breached his duty to plaintiff. The defendant purposefully caused the plaintiff to suffer an injury.

Solution

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The answer is E: The defendant purposefully caused the plaintiff to suffer an injury.

Explanation:

In a negligence case, the plaintiff must typically prove the following elements:

  1. Duty: The defendant owed a duty of care to the plaintiff. This means that the defendant was required to act in a certain way toward the plaintiff, usually to avoid causing harm.

  2. Breach: The defendant breached that duty by failing to act as a reasonable person would under similar circumstances.

  3. Causation: The plaintiff's injuries were caused by the defendant's breach. This includes both actual cause (the breach directly caused the injury) and proximate cause (the injury was a foreseeable result of the breach).

  4. Damages: The plaintiff sustained a compensable loss. This means that the plaintiff suffered actual harm or injury as a result of the breach.

The element listed as E, "The defendant purposefully caused the plaintiff to suffer an injury," is not required to prove negligence. Negligence is based on a failure to exercise reasonable care, not on intentional harm. Intentional harm would fall under intentional torts, not negligence.

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