Which of the following is NOT a component of the three-pronged test to determine if something is a tort?

The three-pronged test used to determine whether a tort has occurred consists of the following components: duty of care, breach of that duty, and damage resulting from the breach. The presence of a duty of care establishes a legal obligation towards another party, and if there is a breach of that duty, it indicates negligence. Lastly, the damage suffered ties the defendant's actions to the harm experienced by the plaintiff.

The notion of "intent to harm" is not included in this test as it is more aligned with intentional torts rather than negligence torts. In many negligence cases, harm can occur even without any malicious intent. Therefore, while the concept of intention may be relevant in the context of certain torts, such as assault or defamation, it is not a necessary element for establishing negligence and thus is not part of the foundational three-pronged test. Understanding this helps clarify the essential focus on evidence of duty, breach, and damage when assessing tort claims.