Which of the following is NOT an element of negligence?

Negligence is a legal concept that requires the presence of certain key elements for a claim to be established. The elements of negligence typically include duty of care, breach of that duty, causation (both in fact and proximate), and actual injury.

The correct answer points out that financial gain is not one of these elements. In negligence cases, the focus is on whether the defendant failed to fulfill a duty of care that resulted in harm to another party. Financial gain, while it may influence other types of legal considerations such as fraud or breach of contract, does not factor into the fundamental requirements for establishing negligence.

The four main elements directly relate to the actions and the consequences of those actions, rather than any potential profits or losses that might ensue as a result of those actions. This distinction is important in understanding how the law attributes liability and fault in cases of negligence.