What are the elements of tort of negligence?

Usually it'll be something like this
1). A duty was owed
2). The duty owed was breached
3). and it was the actual
4). and proximate cause of a
5). Harm

Actual Cause means the harm wouldn't have occurred if the duty had not been breached, and proximate cause means the harm was foreseeable. We don't want to hold people responsible for injuries that no one could have known would occur.
 
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