What are the elements of negligence?

Study for the MBE Critical Pass Test. Enhance your knowledge with flashcards and multiple choice questions. Prepare thoroughly for your exam with detailed hints and explanations.

Negligence requires proving four elements: the defendant owed the plaintiff a duty of care; the defendant breached that duty by failing to act as a reasonably prudent person would; the breach caused the plaintiff’s harm through actual causation (but-for) and proximate causation (legal causation); and the plaintiff suffered damages as a result. The duty of care is the obligation to act in a way that avoids unreasonable risk of harm to others. A breach occurs when conduct falls short of that standard. Causation links the breach to the injury, requiring both that the breach was the actual cause and that the injury was a foreseeable consequence of that breach (proximate cause). Damages are the actual losses the plaintiff seeks to recover, such as medical expenses, lost earnings, or pain and suffering. Privity and consideration belong to contract law, not negligence, so they aren’t elements of a negligence claim.