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What are the four elements of legal negligence?

Asheville, NC |

I am in a law class and I have been trying to find some information about this but all I find is references to elements of tort law. Are they the same things? If not what are the four elements of legal negligence? I thank you for any help you can give!

Attorney Answers 8

Posted

Avvo is not for homework.
Torts can be intentional or negligent.
Both require (1) duty (2) breach (3) causation (4) damages.

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Asker

Posted

Thank you! That helps a lot!

Michael Charles Doland

Michael Charles Doland

Posted

You are very polite and most welcome.

Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

Thats an A!

Posted

Duty, breach, causation & damages. They are different things. Good luck.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Chris Matthew Limberopoulos

Chris Matthew Limberopoulos

Posted

booked it!

Posted

duty
breach
causation
damages.

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Posted

Tort law is essentially the law of negligence. Negligence is:

1) Duty
2) Breach
3) Proximate Cause
4) Damages

Good luck!

William Owens
Owens & Miller, PLLC
4030 Wake Forest Road, Suite 101
Raleigh, NC 27609
Phone no: (919) 719-2750
Fax no: (919) 516-0063
www.owensmiller.com

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Posted

You can get that information by watching the movie "Something Borrowed." Good luck!

The author of this opinion is licensed only in the states of NC, SC and TN.

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Posted

Avvo Email - Rated Professionals. Expert Advice.The elements are: 1. Duty, 2. Breach, 3. Causation, 4. Damages.
Negligence is a tort.
`Locke
***DISCLAIMER***
This response is general legal information. To the extent it is advice, it applies only to North Carolina, the state where Locke Milholland is licensed to practice law. The response applies only to the limited facts presented. Additional or different facts may result in a different response. This response does not and is not intended to create an attorney client relationship.
www.lockemilholland.com/

**Disclaimer** I am licensed to practice in North Carolina. I practice out of Raleigh and Wake County. This answer, to the extent it provides legal advice, is fact specific, and only intended for the jurisdiction where I am licensed.

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Posted

Duty, by statute, contract or assumed
Breach of Duty or Standard of Care
Causation, Breach caused damages
Damages

You must have all 4 to have a claim

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Posted

All of the duty breach cause and harm answers are absolutely correct. But, without including foreseeability into the analysis you would miss a key ingredient into any negligence prima facie case. Foreseeability can come into both the duty and the causation elements.

/s/ Professor Myers

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

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