Arizona Adjuster Practice Exam

Which of the following is NOT an element of negligence?

1. Direct cause

2. Damages

3. Intent

4. Duty of care

The correct answer is: Intent

Negligence is a legal concept that requires specific elements to be established for a successful claim. The core components typically include a duty of care, a breach of that duty, direct cause (or causation), and damages. In this context, intent is notably absent from the traditional framework of negligence. Negligence does not require the demonstration of intent to harm; rather, it focuses on the failure to act with the care that a reasonably prudent person would exercise in similar circumstances. As such, proving negligence hinges on establishing that the defendant's actions were careless or reckless, rather than malicious or intentional. The other elements—duty of care, direct cause, and damages—are essential to prove a case of negligence. A duty of care defines the obligation to adhere to a standard of reasonable care. Causation links the breach of duty to the injury suffered. Finally, damages refer to the actual losses incurred by the plaintiff. Without these elements, a claim cannot substantiate negligence. Thus, intent is the element that does not fit into this legal framework.