Final answer:
The unintentional tort of negligence refers to the failure to exercise reasonable care, resulting in harm to another individual or their property. Four key elements must be proven to establish a claim of negligence: duty of care, breach of duty, causation, and damages.
Step-by-step explanation:
The unintentional tort of negligence is a legal concept that refers to the failure to exercise reasonable care, resulting in harm to another individual or their property. In order to establish a claim of negligence, four key elements must be proven:
- Duty of Care: The defendant must owe a duty of care to the plaintiff. This means that they have a legal obligation to act in a way that does not cause harm.
- Breach of Duty: The defendant must have breached their duty of care by failing to meet the standard of care that a reasonable person would exercise in the same situation.
- Causation: The defendant's breach of duty must be the direct cause of the plaintiff's injury or harm.
- Damages: The plaintiff must have suffered actual damages as a result of the defendant's negligence.
For example, if a driver fails to stop at a red light and causes a car accident, resulting in injuries to another person, the driver may be found negligent for failing to exercise reasonable care and following traffic laws.