Final answer:
A valid negligence claim requires several elements, known as the "four D's": a duty must be owed, a duty must be breached, damages must have occurred, and the damages must be directly related to the breach (proximate cause). However, a desire to harm is not necessary for a negligence case.
Step-by-step explanation:
The student's question pertains to the elements required to establish a case of negligence. For a negligence claim to be valid, several specific elements need to be satisfied, collectively known as the "four D's". These elements include: '
- a duty must be owed
- a duty must be breached
- damages must have occurred
- damages must be directly related to the breach, also known as proximate cause
Contrary to one of the options provided, a desire to harm does not need to be present for a negligence claim to be successful. In the context of negligence, the focus is on the breach of a duty of care that resulted in harm, rather than an intent to cause harm. Therefore, the option 'c. a desire to harm must exist' is the exception and not one of the necessary elements of a negligence case.
To establish negligence, the plaintiff must show that the defendant owed them a duty of care, the defendant breached that duty, the breach caused the plaintiff's damages, and the damages are directly related to the defendant's actions. However, the desire to harm is not a requirement for negligence, as negligence can be based on careless or unintentional actions that cause harm.