MBE Critical Pass Practice Test

In negligence, you’re looking for the four main requirements that must be proven: the defendant had a duty to the plaintiff, the duty was breached, the breach caused the harm (causation), and the plaintiff suffered actual damages. Privity isn’t one of these elements because negligence is a tort that governs duties owed to others regardless of any contract between the parties.

Duty means the defendant owed the plaintiff a legal obligation to act with reasonable care under the circumstances. Breach occurs when that obligation is not met. Causation links the breach to the harm, usually in two parts: but-for causation (the harm wouldn’t have happened but for the breach) and proximate causation (the harm was a foreseeable consequence of the breach). Damages are the actual injuries or losses the plaintiff suffered as a result.

Privity refers to the relationship between contracting parties and is a concept from contract law, not a requirement for a negligence claim. You can sue for negligence even if there is no contract between the parties, so privity is not an element of negligence.