PRELIM II Review Sheet_StudyGuide

PRELIM II Review Sheet_StudyGuide - PRELIM II 387 TORTS a...

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PRELIM II: 387 TORTS: a civil wrong, no statues so laws set by the court system Two types- intentional and unintentional: focus on unintentional or… Negligence To prove negligence must plaintiff must prove prima facie case 1) Duty- Defendant had/has a duty to care 2) Breach- Was there a breach of that duty 3) Causation- Always a jury question a. Actual- Did the defendant’s act or omission cause the harm b. Proximate- Was the harm foreseeable 4) Damage Must have all four to prove negligence. There must be actual and proximate cause for causation to be proven Defense- Intervening Cause Focuses on foreseeability Look for an act that occurred between defendant act and plaintiff injury (usually a third party) Foreseeability Test- would a reasonably prudent and intelligent individual see that harm was likely to occur? a) Yes- foreseeable b) No- superceding cause - an act which is distinct from the defendant ace, and replaces the defendant act as cause of injury (e.g. If an earthquake in NYC
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PRELIM II Review Sheet_StudyGuide - PRELIM II 387 TORTS a...

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