Which of the following is a key element of negligence?

The existence of a duty of care is indeed a key element of negligence. In tort law, negligence occurs when an individual fails to act with the level of care that a reasonable person would exercise under similar circumstances, leading to harm or injury to another party. The duty of care establishes a legal obligation for individuals or entities to adhere to a standard of reasonable care to prevent foreseeable harm.

This concept is crucial because it forms the basis for assessing whether someone's actions (or inactions) fall below the expected standard of care. If a duty of care exists, and an individual breaches that duty, resulting in harm, then negligence may be established.

Other elements like criminal intent and punitive damages do not relate directly to negligence. Criminal intent relates to criminal law, where the focus is on intentional wrongful acts, while punitive damages are designed to punish egregious conduct, which usually stems from intentional or malicious actions rather than negligence. Strict liability typically applies in cases without negligence considerations, where a party is held liable regardless of fault or intent. Therefore, understanding the duty of care is fundamental to identifying and proving negligence in legal scenarios.