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Proof that the defendant breached a duty does not guarantee that the plaintiff will win a negligence case.Group of answer choicesTrueFalse

Question

Proof that the defendant breached a duty does not guarantee that the plaintiff will win a negligence case.

Group of answer choices

  • True
  • False
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Solution

The statement is True.

In a negligence case, proving that the defendant breached a duty of care is just one element of the claim. The plaintiff must also establish other elements such as:

  1. Duty: The defendant owed a duty of care to the plaintiff.
  2. Breach: The defendant breached that duty.
  3. Causation: The breach caused the plaintiff's injury (both actual and proximate causation).
  4. Damages: The plaintiff suffered damages as a result.

Even if the plaintiff can prove a breach of duty, if they fail to establish any of the other elements (especially causation or damages), they may not win the case. Thus, proving a breach does not automatically guarantee a victory for the plaintiff.

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