Casualty & LiabilityQuestion 73 of 215
To establish a prima facie case of negligence against a defendant, a plaintiff must prove four elements. Which of the following is NOT one of them?
a.A legal duty of care owed by the defendant to the plaintiff
b.A breach of that duty by the defendant
c.Intent on the part of the defendant to cause harm
d.Damages proximately caused by the breach
Explanation
Negligence requires (1) duty, (2) breach, (3) proximate (legal) cause, and (4) actual damages. Intent is NOT an element of negligence; it is the distinguishing feature of an intentional tort such as battery or false imprisonment. A negligent defendant may be liable even though he or she never intended any harm.
Law Reference: Common law of negligence (Restatement (Second) of Torts §281)Practice all 215 questions free — no signup required.
Related questions on this topic
- A jury finds that a California plaintiff was 80% at fault for an auto accident and the defendant was 20% at fault. Total damages are $100,000. Under California's negligence rule, how much may the plaintiff recover from the defendant?
- A plaintiff in California suffers $300,000 in economic damages (medical bills, lost wages) and $200,000 in non-economic damages (pain and suffering). Defendant A is 10% at fault; Defendant B (insolvent) is 90% at fault. Under Civil Code §1431.2, what may the plaintiff collect from Defendant A?
- A delivery driver, while making deliveries during work hours in a company van, negligently rear-ends another vehicle. The injured party sues the driver's employer. Under what doctrine may the employer be held liable for the driver's negligent act?
- Under the standard ISO Commercial General Liability (CGL) form CG 00 01, Coverage A pays sums the insured becomes legally obligated to pay as damages because of:
- A small business is sued because its president, in a public speech, falsely accused a competitor of fraud. Which Coverage of the standard CGL is most likely to respond to this defamation suit?
- An OCCURRENCE-based CGL policy with a one-year term ending December 31, 2024, is in force. Bodily injury occurs on October 1, 2024, but the claim is not filed against the insured until April 2027. Which policy responds?
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California Property & Casualty Insurance License Exam · How we review