ExpertEasy2 marksMultiple Choice
ACCA · Question 07 · Syllabus B: The law of obligations
To establish a claim in the tort of negligence against a public utility company, a claimant must prove three essential elements. Which of the following is NOT one of these essential elements?
To establish a claim in the tort of negligence against a public utility company, a claimant must prove three essential elements. Which of the following is NOT one of these essential elements?
Answer options:
A.
The defendant owed the claimant a duty of care.
B.
The defendant breached the duty of care.
C.
The defendant acted with malicious intent.
D.
The breach caused reasonably foreseeable damage to the claimant.
How to approach this question
Identify the core components of a negligence claim and spot the outlier.
Full Answer
C.The defendant acted with malicious intent.✓ Correct
The tort of negligence requires proof of three elements: 1) a duty of care owed by the defendant to the claimant, 2) a breach of that duty, and 3) damage caused by the breach that is not too remote. Intent or malice is irrelevant in negligence.
Common mistakes
Confusing negligence with intentional torts like battery or deceit.
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