Negligence in tort claims occurs when which of the following conditions is met?

Negligence in tort claims is fundamentally established by the presence of a duty of care that is owed by one party to another, coupled with a breach of that duty. This means that an individual or organization must have a legally recognized obligation to act in a certain way toward others, and when that obligation is not met—either through action or inaction—negligence can be established.

For example, if a driver has a duty to operate their vehicle safely and then fails to do so by texting while driving, resulting in an accident, they have breached their duty of care. The injured party can bring a negligence claim against the driver because that breach directly led to harm.

The other options do not directly align with the key elements of negligence. A lack of a contractual relationship does not negate the possibility of a negligence claim, as negligence can arise in contexts where no contract exists but a duty of care is still owed. Proof of intent to cause harm or intent behind the actions is more relevant to intentional torts rather than negligence, which is concerned with the failure to act reasonably rather than deliberate wrongdoing.