Which of the following is not an element of negligence?

• A. Duty
• B. Proximate cause
• C. Last clear chance
• D. Breach

Answer: (D)

The essential elements of negligence are a duty to exercise reasonable care, a breach of that duty, causation linking the breach to the harm (often covering actual and proximate cause), and damages. The concept of last clear chance is not one of these elements. It’s a historical doctrine used in some jurisdictions to allow recovery even if the plaintiff was negligent, if the defendant had the last opportunity to avoid the harm. It’s about allocating liability rather than establishing the basic elements of negligence. In modern practice, liability is determined by duty, breach, causation, and damages, with contributory or comparative fault addressing the plaintiff’s own negligence. Therefore, last clear chance is not an element of negligence.