CIMA Exam CIMAPRA17-BA4-1 Topic 4 Question 73 Discussion

Actual exam question for CIMA's CIMAPRA17-BA4-1 exam

Question #: 73
Topic #: 4

[All CIMAPRA17-BA4-1 Questions]

Which ONE of the following is NOT an essential element of the tort of negligence?

AThe defendant must owe the claimant a legal duty of care

BThe defendant must have acted in breach of the duty of care

CThe defendant must have intended to cause physical harm or financial loss to the claimant in breaking the duty of care

DThe defendant must have caused some damage, loss or injury to the claimant by breaking the duty of care

Show Suggested Answer

Suggested Answer: A, B, C

by Tiera at Aug 10, 2023, 04:25 AM

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Casie

1 months ago

Wait, so the defendant doesn't Casien need to intend to break the duty of care? That's like saying I can trip and fall on someone and still be liable. Crazy!

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Vanda

1 months ago

I'd say the answer is C too. Intentionally causing harm is not a requirement for negligence - the defendant just needs to have failed in their duty of care, regardless of their intentions.

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Francisca

9 days ago

C) The defendant must have intended to cause physical harm or financial loss to the claimant in breaking the duty of care

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Devorah

16 days ago

B) The defendant must have acted in breach of the duty of care

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Jame

16 days ago

A) The defendant must owe the claimant a legal duty of care

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Gayla

2 months ago

Haha, this is like a legal version of 'Which one of these things is not like the other?' I'm gonna go with C, it seems the most out of place.

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Lavina

1 days ago

D) The defendant must have caused some damage, loss or injury to the claimant by breaking the duty of care

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Deonna

3 days ago

C) The defendant must have intended to cause physical harm or financial loss to the claimant in breaking the duty of care

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Gilma

6 days ago

B) The defendant must have acted in breach of the duty of care

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Crissy

12 days ago

A) The defendant must owe the claimant a legal duty of care

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Alexis

2 months ago

Hmm, I was thinking it might be D, since the defendant doesn't necessarily need to have caused actual damage, just that they breached their duty. But I could be wrong...

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Denae

4 days ago

Oh, I see. Thanks for clarifying that. It makes sense now.

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Altha

15 days ago

I think you're right, it's actually C that is not an essential element. The defendant doesn't need to have intended to cause harm, just that they breached their duty.

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Yasuko

1 months ago

D) The defendant must have caused some damage, loss or injury to the claimant by breaking the duty of care

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Laurel

2 months ago

C) The defendant must have intended to cause physical harm or financial loss to the claimant in breaking the duty of care

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Carmelina

2 months ago

B) The defendant must have acted in breach of the duty of care

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Yuonne

2 months ago

A) The defendant must owe the claimant a legal duty of care

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Fredric

2 months ago

Well, this is a tricky one. I'm pretty sure the answer is C - the defendant doesn't need to have intended to cause harm, just that they breached their duty of care.

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