Which elements constitute a prima facie case of negligence?

Study for the Landlord Tenant Board LSO Licensing Exam. Use flashcards and multiple choice questions, each question supported with hints and explanations. Get ready for your test!

Multiple Choice

Which elements constitute a prima facie case of negligence?

Explanation:
Negligence is proven by four elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation linking the breach to the injury (both actual and proximate/ legal causation), and damages resulting from the injury. The duty of care is the obligation to act reasonably to avoid harming others; in a landlord-tenant context, this includes keeping the property safe. A breach means failing to meet the reasonable standard of care under the circumstances. Causation has two parts: actual cause (but-for the breach, the harm would not have happened) and proximate cause (the harm was a foreseeable and direct consequence of the breach). Damages are the actual losses suffered, which you must show to recover. The best choice lists exactly these four elements in one framework: duty of care, breach, actual and proximate causation, and damages. It doesn’t insert an extra, separate element like the standard of care, which is what breach is judged against; it doesn’t invoke intent to harm, which relates to intentional torts rather than negligence; and it keeps causation in terms of actual and proximate rather than substituting foreseeability alone.

Negligence is proven by four elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation linking the breach to the injury (both actual and proximate/ legal causation), and damages resulting from the injury. The duty of care is the obligation to act reasonably to avoid harming others; in a landlord-tenant context, this includes keeping the property safe. A breach means failing to meet the reasonable standard of care under the circumstances. Causation has two parts: actual cause (but-for the breach, the harm would not have happened) and proximate cause (the harm was a foreseeable and direct consequence of the breach). Damages are the actual losses suffered, which you must show to recover.

The best choice lists exactly these four elements in one framework: duty of care, breach, actual and proximate causation, and damages. It doesn’t insert an extra, separate element like the standard of care, which is what breach is judged against; it doesn’t invoke intent to harm, which relates to intentional torts rather than negligence; and it keeps causation in terms of actual and proximate rather than substituting foreseeability alone.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy