To establish a claim in the tort of negligence against a public utility company, a claimant must prove three essential elements. Which of the following is NOT one of these essential elements?

Answer options:

The defendant owed the claimant a duty of care.

The defendant breached the duty of care.

The defendant acted with malicious intent.

The breach caused reasonably foreseeable damage to the claimant.

How to approach this question

Identify the core components of a negligence claim and spot the outlier.

Full Answer

C.The defendant acted with malicious intent.✓ Correct

The tort of negligence requires proof of three elements: 1) a duty of care owed by the defendant to the claimant, 2) a breach of that duty, and 3) damage caused by the breach that is not too remote. Intent or malice is irrelevant in negligence.

Common mistakes

Confusing negligence with intentional torts like battery or deceit.

Question 06 All questions Question 08

Practice the full ACCA LW — Corporate and Business Law Practice Exam 3

60 questions · hints · full answers · grading

More questions from this exam

Q01In the English legal system, which of the following accurately describes the difference between t...Easy Q02Which of the following courts is bound by the decisions of the Court of Appeal (Civil Division)?Medium Q03When interpreting statutes, which rule allows a judge to consider the original common law defect ...Medium Q04A tech startup, CloudNova, advertises a new cloud storage package on its website for £10 per year...Medium Q05In contract law, past consideration is generally not valid. However, there are exceptions. Which ...Hard

View all 60 questions →