Mississippi Property & Casualty Practice Exam

Which of the following factors establishes negligence?

1. Market value of property

2. Existence of a legal duty owned

3. Bailee's possession of property

4. Insurance policy coverage

The correct answer is: Existence of a legal duty owned

The existence of a legal duty owed is a fundamental element in establishing negligence. For a negligence claim to be valid, it is essential to demonstrate that the defendant had a legal obligation to act in a certain way toward the plaintiff and that this duty was breached. This legal duty can arise from various sources, including statutes, regulations, or common law principles. In the context of negligence, if an individual or entity fails to exercise the appropriate standard of care that a reasonable person would under similar circumstances, this failure constitutes a breach of their legal duty. Establishing this connection is crucial because it lays the groundwork for proving that the defendant's actions were not only wrongful but also directly linked to any harm that resulted to the plaintiff. The other options, while they may pertain to different areas of law or insurance, do not establish negligence directly. Market value of property may relate to claims but doesn't address the duties and breaches required for negligence. Similarly, a bailee's possession of property influences liability in certain contexts but does not inherently establish negligence without considering whether a duty was breached. Insurance policy coverage is relevant to determining claims or payouts but does not relate to the establishment of negligence itself.