Which of the following is NOT one of the four elements of negligence?

• A. Contributory negligence
• B. Duty
• C. Breach
• D. Causation

Answer: (A)

The main idea here is distinguishing what must be proven to establish negligence from defenses that can limit recovery. To prove negligence, you must show four things: the defendant had a legal duty to the plaintiff, there was a breach of that duty, the breach caused the plaintiff’s injuries (causation), and the plaintiff suffered actual damages. Contributory negligence is not one of these elements; it’s a defense. It recognizes that the plaintiff’s own fault contributed to the harm, and depending on the jurisdiction, can either bar recovery altogether or reduce the amount recovered. In New Jersey, this typically works under a modified comparative negligence approach: if the plaintiff is 51% or more at fault, recovery is barred; if less than 51%, damages are reduced by the plaintiff’s fault proportion.