Which of the following is a requirement for a tort of negligence?

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The requirement of a duty of care is foundational in establishing a tort of negligence. In tort law, negligence occurs when an individual fails to take reasonable care to avoid causing injury or losses to another person. This begins with the concept that one party has a legal obligation to act in a way that does not harm others.

The duty of care signifies that there is a relationship between the parties that warrants a level of reasonable care. For instance, a driver has a duty to operate their vehicle safely to avoid harming pedestrians or other drivers. If this duty is breached due to carelessness or a failure to act reasonably, and this breach results in harm to another party, then negligence may be established.

Other concepts such as strict liability, intentional action, and contractual agreements do not pertain to the basic framework of negligence. Strict liability does not require the establishment of a duty of care; it holds individuals or entities responsible for damage regardless of fault or intent. Intentional action implies a deliberate act rather than a failure to act responsibly, which is central to negligence. Finally, contractual agreements are related to breaches of contract, not to the negligence framework for torts. Thus, establishing a duty of care is essential for proving negligence in tort law.

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