NALA Certified Paralegal Practice Exam

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The elements of negligence are:

  1. Duty, breach, agreement, and consideration

  2. Duty, breach, capacity, and cause

  3. Duty, breach, cause, and injury

  4. Duty, breach, foreseeable risk, and the 'but for' test

The correct answer is: Duty, breach, cause, and injury

The elements of negligence are duty, breach, causation, and injury. A is incorrect because there is no agreement or consideration involved in negligence cases. B is incorrect because capacity is not an element of negligence, but rather a legal capacity to be held liable for one's actions. D is incorrect because foreseeable risk and the 'but for' test are concepts related to causation, but are not standalone elements of negligence.

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