Which of the following is NOT an element of negligence?

The correct answer is that intent to harm is not an element of negligence. Negligence is a civil legal concept primarily focused on the failure to act with the care that a reasonably prudent person would exercise. To establish negligence, the following elements must be present:

1. There must be a duty of care owed by the defendant to the plaintiff, indicating a legal obligation to act in a certain manner.

2. There must be a breach of that duty, where the defendant fails to meet the established standard of care, which typically involves comparing the defendant's actions to those of a reasonable person in the same circumstances.

3. There must be actual damage or injury that is causally connected to the breach of duty, demonstrating that the breach directly resulted in harm to the plaintiff.

The presence of intent to harm is not necessary in negligence claims, distinguishing it from intentional torts, where the focus is on the defendant's state of mind and deliberate actions. In negligence, it is sufficient that the defendant acted carelessly, regardless of any intention to cause harm. This means that a person can be found negligent even if they did not intend to cause any injury, as long as their actions fell short of the expected standard of care.