Which of the following is NOT one of the four elements of negligence?

The correct choice highlights that "fraudulent intent" is not one of the four elements of negligence. In tort law, negligence is established through four key components: duty of care, breach of that duty, direct cause, and damage.

Duty of care refers to the legal obligation to act with a certain standard of care to avoid causing harm to others. Breach of duty occurs when one fails to meet that standard. Direct cause, often termed proximate cause in legal contexts, links the breach of duty to the damages incurred, establishing that the negligence directly resulted in the harm. Finally, damage pertains to the actual harm or injury that resulted from the negligence.

Fraudulent intent, however, pertains more to intentional torts or deceptive practices rather than negligence. While both negligence and fraud can lead to legal claims, they stem from fundamentally different bases: negligence deals with carelessness and failure to meet a standard of conduct, while fraudulent intent involves deliberate deceit or intention to cause harm. Thus, "fraudulent intent" does not fit within the framework of negligence's four elements.