The necessary elements for a negligence tort claim are. Should any element be missing, there is no valid negligence tort claim.
1. Duty (Does a person have a duty that is reasonably foreseeable?)
2. Breach of Duty (Does the person breach the duty?)
3. Proximate Cause (Is the breach of duty the direct cause of measurable damages?)
4. Measurable Damages (Usually monetary damages.)
For a valid legal contract, three elements are required. If any element be missing, a contract does not exist.
3. Legally Binding Consideration (Bargained for Exchange, e.g., payment in exchange for services or goods).