What is required for a successful claim under tort law related to negligence?

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For a successful claim under tort law related to negligence, the establishment of duty and breach is essential. This means that the plaintiff must demonstrate that the defendant had a legal obligation (duty) to act in a certain way towards the plaintiff and that this duty was breached through negligent actions or omissions.

Negligence focuses on the failure to act with the care that a reasonably prudent person would exercise in similar circumstances. Therefore, the key elements that must be established include:

  1. Duty: The defendant owed a duty of care to the plaintiff.

  2. Breach: The defendant breached that duty by failing to act according to the established standards of care.

By proving these two points, the plaintiff can show that the defendant's actions directly resulted in harm or injury, which is a fundamental aspect of negligence claims. Other options may pertain to different areas of law or concepts, but they do not directly address the core components required to establish negligence in tort law.

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