Property and Casualty Insurance Practice Exam

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Which of the following is NOT one of the four elements of negligence?

Existence of a duty
Failure to adhere to regulations
Actual injury
Proximate cause of the injury

The correct answer is: Failure to adhere to regulations

The four elements of negligence are duty, breach, causation, and damages. The existence of a duty refers to the obligation one party has to another to act with a certain level of care in order to prevent harm. Actual injury pertains to the demonstrable harm or damage that occurs as a result of someone's actions or negligence. Proximate cause establishes the direct link between the negligent act and the injury, indicating that the harm was a foreseeable result of the breach of duty. Failure to adhere to regulations, while it may suggest a breach of duty in a specific context, is not universally recognized as a standalone element of negligence. In legal terms, a breach of duty can occur through various actions or omissions, not solely through failing to comply with regulations. Thus, it does not fit within the traditional framework of the four recognized elements of negligence.