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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

Ravi, a pedestrian, is injured when a shopkeeper carelessly leaves a heavy signboard unsecured and it falls on him. For a successful action in negligence against the shopkeeper, which set of elements must Ravi establish?

The plaintiff must prove that the defendant owed a duty of care, that the duty was breached by careless conduct, and that the plaintiff suffered damage as a result. Intention to harm is not required in negligence, and no contract or prior notice is needed.

  1. ADuty of care, breach of that duty, and resulting damageCorrect
  2. BIntention to harm, breach of duty, and resulting damage
  3. CDuty of care and physical contact with the plaintiff only
  4. DBreach of contract, damage, and a written notice to the defendant

Explanation

Negligence requires a legal duty of care owed to the plaintiff, breach of that duty, and damage caused by the breach. Intention is not required, which is why the option demanding intention is wrong. Contract or notice is not a necessary element in tort.

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