Final answer:
A negligence claim in commercial law requires a duty of care, breach of duty, causation, and damages.
Step-by-step explanation:
A negligence claim in commercial law requires the following elements:
- Duty of Care: The defendant must owe a duty of care to the plaintiff, meaning they have a legal obligation to act reasonably.
- Breach of Duty: The defendant must have breached this duty of care by failing to act as a reasonable person would under similar circumstances.
- Causation: The defendant's breach of duty must be the direct cause of the plaintiff's harm or injury.
- Damages: The plaintiff must have suffered actual damages or harm as a result of the defendant's breach of duty.
For example, if a retail store fails to clean up a spill on the floor and a customer slips and injures themselves, the elements of negligence may be present.