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In order to win a Negligence claim, the plaintiff must prove the defendant owed a duty of care to the plaintiff.Group of answer choicesTrueFalse

Question

In order to win a Negligence claim, the plaintiff must prove the defendant owed a duty of care to the plaintiff.

  • Group of answer choices
    • True
    • False
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Solution

Breakdown of the Problem

  1. We need to determine whether proving that the defendant owed a duty of care to the plaintiff is necessary for winning a Negligence claim.

Relevant Concepts

  1. In the context of Negligence law, one of the primary elements that a plaintiff must establish is that the defendant had a legal duty to adhere to a standard of reasonable care to prevent foreseeable harm to others.

Analysis and Detail

  1. A Negligence claim typically consists of four elements:

    • Duty: The defendant owed a duty of care to the plaintiff.
    • Breach: The defendant breached that duty.
    • Causation: The breach of duty caused harm to the plaintiff.
    • Damages: The harm resulted in actual damages.

    Therefore, without establishing that the defendant owed a duty of care, the other elements cannot be sufficiently examined.

Verify and Summarize

  1. To win a Negligence claim, the plaintiff must indeed establish that there was a duty of care owed by the defendant. Hence, the statement is true.

Final Answer

True. To win a Negligence claim, the plaintiff must prove that the defendant owed a duty of care to them.

This problem has been solved

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