BusinessLawChapter 11

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Chapter 11 The Tort of Negligence Step 1: Proving Duty of Care Duty of Care – The responsibility owed to avoid carelessness that causes harm to others. Step 2: Was there a Breach of the Standard of Care Reasonable Person – The standard to judge whether a person’s conduct in a particular situation is negligent. Reasonable Standard of Care – The standards of behaviour that would be observed by a reasonable person in society. If defendant is a professional, they will be held to a higher standard than an average person. Step 3: Causation of Damages Causation - The relationship that exists between the defendant’s conduct and the plaintiff’s loss - The plaintiff must show that the harm would not have occurred but for the defendants actions. - If no damages then the negligence lawsuit will fail.
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