What is a necessary element for establishing negligence in a tort?

To establish negligence in a tort, it is essential to demonstrate a breach of duty that directly causes harm. Negligence is fundamentally based on the idea that an individual or entity had a responsibility to act with a certain standard of care toward others and failed to meet this obligation. This failure, or breach, must result in actual harm or injury to another party, linking the breach directly to the damages suffered.

In cases of negligence, the plaintiff must show that the defendant owed a duty of care, that this duty was breached, and that the breach caused the plaintiff's injuries or losses. For example, if a driver fails to stop at a red light and causes an accident, their breach of the duty to obey traffic laws directly leads to the harm suffered by another party in the accident.

Intent to harm, proof of criminal activity, and a verbal agreement do not establish negligence in tort law. Intent to harm pertains to intentional torts, whereas negligence does not require intention. Proof of criminal activity is related to criminal law, which is separate from civil liability in torts. A verbal agreement may be relevant in contract law but does not pertain to the concepts of duty and breach essential for proving negligence.