Which of the following is required to establish a tort of negligence?

To establish a tort of negligence, it is essential to demonstrate proof of breach of a statutory or common-law duty. Negligence fundamentally revolves around the failure to exercise the level of care that a reasonably prudent person would in similar circumstances. This duty of care can arise from various sources, including statutes that impose specific obligations or principles developed through case law (common law).

The core elements of negligence typically include the existence of a duty owed to the plaintiff, a breach of that duty, causation linking the breach to the harm experienced by the plaintiff, and actual damages resulting from that breach. Without establishing that the defendant violated this duty of care—either through action or omission—there can be no basis for a negligence claim. Thus, proof of breach of duty is pivotal to finding liability in cases of negligence.