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Chapter 09 - Negligence and Strict LiabilityChapter 9 - Negligence and Strict LiabilityCHAPTER OVERVIEWChapter Nine continues with an examination of two another types of tort law: negligence andstrict liability. When teaching students about negligence, you might want to start by introducingthem to the four elements of negligence. Next, focus on what the plaintiff must prove to establisheach of these elements. The Palsgraf case is particularly important in this section. Finally, youwhen you transition to strict liability doctrine, make sure you engage in a discussion about thepublic policy reasons that support the idea of imposing strict liability.LEARNING OBJECTIVESAfter reading this chapter, students will be able to answer the following questions: 1.
What are the elements of negligence?2.
What are the doctrines that help a plaintiff establish a case of negligence?3.
What are the defenses to a claim of negligence?4.What are the elements of strict liability?
Chapter 09 - Negligence and Strict Liabilitynegligence?prevent unreasonable risk of harm.oPlaintiff's failure was a contributing cause to the plaintiff's injury. oIf contributory negligence is proven, plaintiff will be denied any recovery of damages. oLast-clear-change doctrine: P may recover damages despite proof of contributory negligence despite proof of contributory