Which element of negligence is satisfied when the defendant breaches the standard of care?

Which element of negligence is satisfied when the defendant breaches the standard of care?

• A. Breach
• B. Duty
• C. Damages
• D. Causation

Answer: (A)

Negligence is shown when a person fails to meet a required standard of care. The standard of care is what a reasonably prudent telecommunicator would do in similar circumstances. When someone’s conduct falls short of that standard, that failure is a breach of the standard of care. A breach is the key element that shows the defendant did not act as required. Even with a breach, you still need two additional things to prove negligence: causation (the breach caused the injury) and damages (actual harm or loss). So the breach is the element that directly reflects not meeting the expected standard of care.

Negligence is shown when a person fails to meet a required standard of care. The standard of care is what a reasonably prudent telecommunicator would do in similar circumstances. When someone’s conduct falls short of that standard, that failure is a breach of the standard of care. A breach is the key element that shows the defendant did not act as required.

Even with a breach, you still need two additional things to prove negligence: causation (the breach caused the injury) and damages (actual harm or loss). So the breach is the element that directly reflects not meeting the expected standard of care.