Texas Property and Casualty License Practice Exam

What must be shown to demonstrate negligence?

1. Intent and malice

2. Evidence of a contract

3. Evidence of duty and breach leading to loss

4. Proof of good intentions

The correct answer is: Evidence of duty and breach leading to loss

To demonstrate negligence, it is essential to establish that there was a duty owed by one party to another, that this duty was breached, and that the breach directly resulted in a loss or injury to the complainant. This framework is often referred to as the "elements of negligence." In terms of duty, this means that one has an obligation to act in a certain manner that does not cause harm to others. Breaching this duty occurs when the individual fails to meet the standard of care that a reasonable person would provide under similar circumstances. Finally, there needs to be a direct link, or causation, that connects the breach of duty to the actual loss or injury experienced. This understanding of negligence is foundational in the context of property and casualty insurance, as claims often hinge on whether or not an insured party acted negligently. The other options don't accurately reflect the legal requirements necessary to substantiate a claim of negligence. For instance, intent and malice pertain more to intentional torts rather than negligence. Evidence of a contract is relevant in contract disputes but not in establishing negligence. Proof of good intentions does not negate the obligation to exercise care and does not demonstrate that any loss did not occur.