California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A driver, while texting, swerved across multiple lanes and collided with another car. The driver of the other car suffered a broken arm and significant emotional distress. The texting driver is sued for negligence. The court determines that the texting driver owed a duty of care to the other driver. What is the next element the plaintiff must prove to establish negligence?
- AProximate Cause
- BActual Cause
- CDamages
- DBreach of Duty
Show answer & explanationAnswer & explanation
Correct answer: D. Breach of Duty
The elements of negligence are duty, breach, causation (actual and proximate), and damages. Since duty has already been established, the next logical step in proving negligence is to demonstrate that the defendant's conduct (texting while driving and swerving) fell below the standard of care, which is the 'breach of duty' element.
Why the other options are wrong
- A. Proximate cause comes after breach and actual cause.
- B. Actual cause (cause-in-fact) comes after breach of duty.
- C. Damages are the final element of negligence, occurring after duty, breach, and causation.
Elements of Negligence (Order)
To establish a prima facie case of negligence, a plaintiff must prove four elements in sequence: Duty, Breach, Causation (Actual and Proximate), and Damages.
- Each element must be proven for a successful claim.
- The order is crucial for logical progression of proof.
- Duty establishes the legal obligation.
- Breach shows failure to meet that obligation.
- Causation links the breach to the harm.
- Damages represent the actual harm suffered.
Memory trick: D.B.C.D. – Don't Be Careless, Dude!