IOSH Managing Safely Practice Test

Which of the following is NOT part of what a claimant must prove?

1. The defendant owed a duty of care

2. The duty of care was breached

3. The defendant had malicious intent

4. The injury was a result of the breach

The correct answer is: The defendant had malicious intent

In the context of proving a claim, particularly within tort law, the claimant must establish certain key elements to succeed in their case. One of these elements is demonstrating that the defendant owed a duty of care. Additionally, it is crucial for the claimant to show that this duty of care was breached and that the injury suffered was a direct result of that breach. The notion of malicious intent, however, is not a necessary component for proving most negligence claims. In negligence, the focus is on whether the defendant's actions (or inactions) fell short of what a reasonable person would do, leading to the claimant's injury. The claimant does not need to prove that the defendant intended to cause harm; instead, the emphasis is on the breach of duty and the connection between the breach and the resulting injury. Thus, the requirement to show malicious intent is not relevant in this context, making it the correct choice in this instance.