Which of the following is NOT an element of negligence?

Negligence is a legal concept that typically involves four key elements: a legal duty owed by the defendant to the plaintiff, a breach of that duty, causation linking the breach to the injury, and actual loss or injury suffered by the plaintiff.

The element of "plaintiff's inaction," stated in the answer choice, does not constitute a necessary component of the negligence framework. Instead, negligence focuses on the actions (or inactions) of the defendant; it is their duty to act reasonably to prevent harm to others. The plaintiff’s behaviors or inactions might be relevant in certain contexts, such as comparative negligence or contributory negligence, but they are not foundational elements required to establish a claim of negligence.

In contrast, the other elements—defendant’s legal duty, breach of duty, and actual loss or injury—are essential to demonstrating that negligence has occurred. The legal duty represents the obligation the defendant has to the plaintiff; the breach is the failure to fulfill that obligation; and the actual loss or injury proves that harm has resulted from the breach. Thus, identifying "plaintiff’s inaction" as not an element of negligence highlights the focus on the defendant's conduct and the critical elements that establish a claim for