California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A driver, while texting, swerved across multiple lanes and collided with another car. The collision caused significant damage to the other car and physical injuries to its driver. Which of the following accurately lists the elements of negligence in the order they are typically analyzed?
- ABreach, Duty, Causation, Damages
- BDamages, Duty, Breach, Causation
- CCausation, Damages, Duty, Breach
- DDuty, Breach, Causation, Damages
Show answer & explanationAnswer & explanation
Correct answer: D. Duty, Breach, Causation, Damages
The four required elements for a prima facie case of negligence are: Duty, Breach, Causation (both actual and proximate), and Damages. They are typically analyzed in this specific order.
Why the other options are wrong
- A. This order is incorrect; duty must be established before breach.
- B. This order is incorrect; damages are the last element to be proven.
- C. This order is incorrect; duty and breach precede causation and damages.
Elements of Negligence
To establish a prima facie case of negligence, a plaintiff must prove four elements: Duty, Breach, Causation (Actual and Proximate), and Damages.
- Duty: Defendant owed a duty of care to plaintiff.
- Breach: Defendant failed to meet that duty.
- Causation: Breach was the cause of plaintiff's injury (actual and proximate).
- Damages: Plaintiff suffered actual harm.
Memory trick: Did Betty Cause Damage?