Which of the following is essential for establishing a negligent tort?

Study for the Florida General Instructor Test. Prepare with flashcards, multiple choice questions, hints, and detailed explanations. Ace your exam with confidence!

Establishing a negligent tort primarily hinges on the existence of a duty owed by the defendant to the plaintiff. This means that the defendant must have an obligation to act in a certain way or to refrain from acting in a way that could foreseeably cause harm to others. When that duty exists, the court can then examine whether it was breached, leading to the potential for liability.

In cases of negligence, the duty is typically a standard of care that a reasonable person would exercise in similar circumstances. If the defendant has assumed a duty to the plaintiff and fails to meet that standard, resulting in harm or injury, then the foundation for a negligent tort is established.

While good faith, intent, and the professional status of the defendant have their own importance in different legal contexts, they do not directly establish the necessity of a duty in tort law. Good faith is more relevant to areas like contract law, intent is crucial in establishing intentional torts, and not all negligence cases require the defendant to be a professional to be valid. Thus, the key element in identifying negligent torts is the duty assumed by the defendant toward the plaintiff.

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