Which of the following is not an element necessary to prove negligence in Utah?

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In a negligence claim, it is essential to establish certain elements to prove the case effectively. The elements of negligence typically include duty, breach of duty, causation, and damages.

Duty refers to the legal obligation that one party owes to another to act with a certain standard of care. Breach of duty involves demonstrating that the party failed to uphold that standard of care. Damages pertain to the actual losses suffered by the plaintiff as a result of the negligent actions.

An affidavit is a written statement made under oath that is used to present evidence in legal proceedings. While affidavits can support a case, they are not a fundamental component required to establish a negligence claim. Thus, the lack of requirement for an affidavit in proving negligence makes it the correct answer in this context. In essence, while affidavits may serve as important supportive documentation in a variety of legal contexts, they do not constitute an element necessary for establishing negligence in Utah.

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