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Which conditions must be met for negligence to be established?

Duty to Act, Breach of Standard of Care, Causation, and Damage

For negligence to be established, four key conditions must be met: the existence of a duty to act, a breach of the standard of care, causation linking the breach to the injury, and actual damage or harm resulting from the breach.

The first condition, the duty to act, means that the individual had a legal obligation to provide a certain level of care to another party. This could stem from a variety of relationships, such as a caregiver to a patient, or between corrections officers and inmates.

The second condition, breach of the standard of care, refers to the failure to meet the level of care that a reasonably prudent person would provide in similar circumstances. This breach demonstrates that the individual did not act according to established legal or ethical standards.

Causation is the third condition, which requires evidence that the breach directly caused the harm or injury suffered by the victim. This means establishing a direct link between the negligent act and the resulting damages.

Finally, the presence of damages indicates that the victim suffered actual harm, which can be physical, emotional, or financial. Without established damages, there would be no grounds for a negligence claim.

Overall, meeting these four conditions is essential in a negligence case, as they collectively ensure that a claim is grounded in

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Evidence of harmful intent, Duty to Act, and Damages

Duty to Act, Sufficient Evidence, Causation, and Mitigation

Duty to Act, Intentional Misconduct, and Reporting

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