Liability & LegalQuestion 105 of 200

Which combination identifies the elements of a negligence claim against a security guard or PPO?

a.Intent, malice, harm, motive
b.Knowledge, planning, execution, profit
c.Contract, breach, consideration, performance
d.Duty, breach, causation (actual and proximate), and damages

Explanation

California negligence has four elements: (1) a legal duty owed to the plaintiff; (2) breach — failure to conform to the applicable standard of care; (3) causation — both actual ('but for') cause and proximate (legal) cause; and (4) actual damages. For guards and PPOs, duty arises from the security contract, the foreseeability of harm to invitees, special relationships, statutory mandates (e.g., BSIS training), and voluntary undertakings. Breach is measured against the conduct of a reasonably prudent guard in similar circumstances. The intent/malice options describe intentional torts (a) or criminal mental states (b); contract elements (c) belong to a different cause of action.

Law Reference: Restatement (Second) of Torts §§281-282; California negligence doctrine

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