Georgia Property & Casualty Practice Exam

Which of the following is NOT an element of the tort of negligence?

1. Breach of duty of care

2. Causation

3. Intent

4. Damages

The correct answer is: Intent

In the context of the tort of negligence, intent is not an element that needs to be established for a claim to be valid. Negligence is primarily concerned with a person's failure to exercise a reasonable standard of care that results in harm to another party. The elements that need to be proven for negligence generally include a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation linking the breach directly to the harm caused, and damages that the plaintiff suffered as a result. Intent, on the other hand, relates to intentional torts where the offending party acted with purpose or knowledge that their conduct could result in harm. In negligence, it's entirely possible for harm to occur without any intention to cause that harm. This fundamental distinction is why intent does not apply to the tort of negligence and underscores the basis of assessing liability in such cases.